(3-1571) 


U  B 

LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING   ["HERETO 


UC-NRLF 


$B    72    5fl3 


COMPILED  UNDER  THE  DIRECTION  OF  7   .ii  COMMISSIONER  OF 

PENSIONS  AND   PUBLISHED   IN   A        JRDANCE  WITH  THE 

PROVISIONS  OF  SECTION  -"      ,  REVISED  STATUTES 


JAMES   L.   DAVENPORT,  Commissioner  of  Pensions 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1913 


(3-1571) 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS  AND   PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


JAMES   L.   DAVENPORT,  Commissioner  of  Pensions 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 

1913 


^1 


U  16^73 


AUTHORITY  FOR  PUBLICATION. 

Sec.  4748.  That  the  Commissioner  of  Pensions,  on  application  being  made  to 
him  in  person,  or  by  letter,  by  any  claimant  or  applicant  for  pension,  bounty- 
land,  or  other  allowance  required  by  law  to  be  adjusted  or  paid  by  the  Pension 
Office,  shall  furnish  such  person,  free  of  all  expense,  all  such  printed  instruc- 
tions and  forms  as  may  be  necessary  in  establishing  and  obtaining  said  claim ; 
and  on  the  issuing  of  a  certificate  of  pension  or  of  a  bounty-land  warrant,  he 
shall  forthwith  notify  the  cla4pihiit  or  a-pplican't,  land  also  the  agent  or  attorney 
in  the  case,  if  there  be  one,  tfiat  such  certihcate  lias,  been  issued,  or  allowance 
made,  and  the  date  and  aEaoTiiit,*llieP€?c>f.'*J  \  \  /\  ' 
n 


oo]srTE]:^TS. 


INDEX  TO  GENERAL  TITLES. 

Page. 

Chap.  I.'  Administrative    organization 1 

II.  Tensions  based  on  service  prior  to  Marcli  4,  1861 13 

III.  Invalid  pensions  based  on  service  since  Marcli  4, 1861 ^_  31 

IV.  Pensions  to  widows  and  dependent  relatives  based  on  service 

since  March  4,   1861 61 

V.  Navy  and  privateer  pension  fund 75 

VI.  Applications  and  attorneys 79 

VII.  Physical  examinations _' 109 

VIII.  Pension  agents  and  payment  of  pensions 113 

IX.  Miscellaneous  statutes  and  tables  of  rates 133 

X.  Criminal  law  and  procedure 153 

XI.  Regulations  and  instructions  relating  to  pension  claims 183 

Index 207 

SERIAL  INDEX  OF  REVISED  STATUTES. 

Sec. 

169.  Departmental  employees,  appointment 1 

173.  Chief  clerks,  duties  of 3 

174.  Chief  clerks  to  administer  oaths 3 

178.  Vacancies  in  subordinate  offices 2 

179.  President's  discretionary  power  to  fill  vacancies 3 

183  (amended  by  act  Mar.  2, 1901,  and  act  Feb.  13, 1911).    Investigation 

of  misconduct,  etc.,  of  officer  or  agent  of  the  Government;  oaths 5 

184  (amended  by  act  July  25,  1882).    Subpoenas  to  witnesses 5 

185.  Witness  fees  in  official  investigations 6 

186.  Process  to  enforce  obedience  to  subpoena 6 

187.  Professional  assistance;  how  obtained 6 

190.  Prohibition  against  former  executive  department  employees 84 

224.  Loss  of  certificate  of  discharge,  duplicate  not  evidence  in  any  claim 

against  the  United  States 137 

437.  Department  of  the  Interior,  creation  of .  1 

441.  Secretary  of  the  Interior,  jurisdiction  of 1 

470.  Commissioner  of  Pensions,  appointment  of,  salary 2 

471.  Commissioner  of  Pensions,  duties  of i 2 

472.  Deputy  Commissioner  of  Pensions,  appointment,  etc 2 

474.  Clerks  to  investigate  attempts  at  fraud 4 

1044.  Statute  of  limitation 182. 

1045.  Fleeing  from  justice , 182 

1656.  Widows'  and  minors'  half-pay  pensions 16 

1657.  Invalid  pensions  for  Florida  Indian  War 15 

1750.  Execution  of  pension  papers  before  consular  officer;  penally  for 

perjury _ ^ 163 

m 


IV  CONTENTS. 

Sec.  ^ae®- 

1757.  Form  of  oath  to  be  taken  by  officer 85 

1778.  Notaries  and  United  States  commissioners  may  administer  oatbs__  82 

1781  (now  sec.  112,  Criminal  Code).     Member  of  Congress  taking  con- 

sideration for  procuring  offices 168 

1782  (now  sec.  113,  Criminal  Code).     Members  of  Congress  prohibited 

from  taking  compensation  in  claims;  penalty —  368 

1784.  Presents,  etc.,  to  superiors  prohibited 8 

1980.  Conspiracy  to  prevent  accepting  or  holding  office;  civil  liability—  170 

1981.  Action  for  neglect  to  prevent  conspiracy 171 

2064.  Acknowledgments  before  Indian  agents 82 

2757.  Revenue  cutters  to  cooperate  with  Navy 33 

3478.  Claim  agents  to  take  oath,  etc --  84 

3479.  Who  may  administer  oaths 85 

3490.  Civil  liability  of  person  making  false  claim__ 158 

3491.  Suits  against  such  persons 158 

3492.  District  attorney;  duty  of,  in  such  cases 158 

3493.  Rights  of  persons  prosecuting 159 

3494.  Limitation  of  suit 159 

3646  (amended  by  act  Feb.  23,  1909).    Issue  of  dupUcate  checks 118 

3647  (amended  by  act  Feb.  23,  1909).     Duplicate  check,  when  officer  who 

issued  it  is  dead 118 

3679  (amended  by  act  Feb.  27,  1906).  Expenditure  in  excess  of  appro- 
priation forbidden  and  acceptance  of  voluntary  service  prohib- 
ited, except,  etc 176 

4692.  Pensions  for  disabilities  incurred  since  March  4,  1861 32 

4693.  Persons  entitled  to  pension  enumerated 32 

4694.  Limitation  in  case  of  disability  incurred  since  July  27,  1868 42 

4695.  Rate  prescribed  for  total  disability  in  accordance  with  rank 42 

4696.  Rank  when  disability  incurred  governs  rate 43 

4697.  Rates  of  pension  for  permanent  and  specific  disabilities  prior  to 

June  4,  1872 50 

4698.  Rates  of  pension  for  permanent  and  specific  disabilities  subsequent 

to  June  4,  1872 51 

4698^.  Increase  of  pension  for  nonspecific  disabilities ;  commencement—  57 

4699.  Divisible  rate  ($18)  ;  nonspecific  disabilities 57 

4700.  Line  of  duty 42 

4701.  Termination  of  service 145 

4702    (amended  by  act  Aug.  7,  1882).    Widows  and  minor  children,  when 

entitled 61 

4703.  Increase  to  widow  on  account  of  minor  child;  period  of  payment-  63 

4704.  Legitimacy  of  children 66 

4705.  Widows  of  colored  and  Indian  soldiers;  marriage;  legitimacy  of 

children 67 

4706.  Abandonment  by  widow  of  minor  child  or  children  forfeits  pension ; 

date  of  commencement  to  minor 67 

4707.  Dependent  relatives;  succession  of  title;  commencement;  rate  and 

termination  of  pension 67 

4708.  Marriage,  eft'ect  of,  in  the  case  of  a  widow,  dependent  mother,  or 

dependent  sister  pensioner 70 

4712.  Anterebellion  rates  to  be  varied  by  subsequent  laws 17 

4713.  Commencement  of  anterebellion  pensions 18 

4714.  Execution  of  declarations,  etc 80 

4715.  Two  pensions  not  allowable;  right  of  election 134 


CONTENTS.  V 

Sec.  Page. 

4716.  Disloyalty  bar  to  pension 135 

4719.  Pension  terminated  by  three  years'  failure  to  claim;  restoration —  131 

4720.  Rate,  commencement,  and  duration  of  pension  granted  by  special 

act  of  Congress;  authority  to  suspend  vested  in  Commissioner 

of  Pensions 134 

4721.  Execution  of  papers  in  Indian  claims 82 

4722.  Missouri  militia  ;  pensions  for  survivors,  their  widows  and  minors.-  33 

4723.  Colored  soldiers,  "  slaves,"  given  pensionable  status 34 

4724.  Both  invalid  pension  and  pay  of  rank  not  allowable,  unless,  etc —  136 
4725,4726,4727.  Half-pay  to  widows  and  children,  old  war;  commence- 
ment    16, 17 

4728.  Navy,  invalid  pensions  prior  to  March  4,  1861 15 

4729.  Navy  widow  pensions  prior  to  March  4,  1861 15 

4730.  Mexican  War;  invalid  pensions 23 

4731.  Mexican  War;  pensions  for  widows  and  children 24 

4732.  War  of  1812  and  various  Indian  wars,  pensions  for  widows  and 

minor  children 16 

4733.  Continuance  of  pension  to  certain  persons 137 

4734.  Pension  not  to  be  withheld,  etc , 137 

4735.  Widow  not  to  draw  pension  over  same  period  as  husband 73 

4741.  Seamen  on  revenue  cutter  cooperating  with  Navy;  disabled,  status 

of 33, 

4744  (amended  by  act  July  25,  1882).     Commissioner  of  Pensions  to  detail 

clerks  to  make  special  investigations  into  merits  of  claims,  etc 4 

4745  (amended  by  act  Feb.  28,  1883).     Pledge  or  transfer  of  pension 

void,  etc . 175 

4746  (amended  by  act  July  7,  1898).     False  affidavits  and  post-dating 

vouchers ;    penalty 159 

4747.  Pension  not  liable  to  attachment,  etc 131 

4748.  Printed  forms  and  instructions  to  be  furnished  free  to  applicants 

and  claimants  for  pension , 79 

4749.  Certain  soldiers  and  sailors  not  to  be  deemed  deserters 138 

4750.  Navy  pension  fund  ;  trustee 75 

4751.  Navy  pension  fund  ;  certain  penalties  to  be  paid  into 75 

4752.  Navy  pension  fund;  prize  money  to  constitute 75 

4753.  Navy  pension  fund;  investment  of 76 

4754.  Rate  of  interest 76 

4755.  Navy  pensions  payable  from  fund 76 

4756.  Half-pay  pension  for  20  years'  service  in  Navy 76 

4757.  Pension  for  10  years'  service  in  Navy 77 

4758.  Privateer  pension  fund;  trustee 77 

4759.  Privateer  pension  fund,  how  derived 77 

4760.  Privateer  pension  fund;  to  be  paid  into  Treasury 78 

4761.  Disabled  privateersmen  placed  on  pension  list 78 

4762.  Commanding  officers  of  privateers  to  enter  names  of  wounded  or  dis- 

abled officers  and  seamen  in  journal 78 

4763.  Transcript  of  journals  to  be  transmitted  to  Secretary  of  the  Navy 78 

4764    (amended  by  act  Mar.  3,  1891).     Pension  agents  to  send  quarterly 

voucher  to  each  pensioner,  etc 116 

4765.  Check  to  be  drawn  to  order  of  pensioner  upon  receipt  of  satisfactory 

voucher 117 

4766    (amended  by  act  Aug.  8,  1882,  and  act  Mar.  3,  1899).     Payment  of 

pension ;  to  be  made  only  to  persons  entitled,  except,  etc 119 


VI  CONTEN^TS. 

Sec.                                ,  Page. 

4767.  Vouchers,  blank  forms  of,  to  be  prepared  and  furnisfied  to  pension 

agents;  notice 116 

4768.  Pension  certificate,  etc.,  to  be  forwarded  to  pension  agent 85 

4769.  Attorney  fees  to  be  paid  by  pension  agent- 85 

4775.  Special  medical  examinations 110 

4776.  Medical  referee;  examining  surgeons;  appointment  of 109 

4777.  Civil  examining  surgeons,  appointment  of 109 

4778   (amended  by  act  Mar.  8,  1878).     Pension  agents,  appointment  and 

term  of  office 114 

4779.  Pension  agent's  bond 114 

4780.  Pension  agencies,  establishment  of 114 

4783    (amended  by  act  Feb.  10,  1891).     Embezzlement  of  pension  money 

by  guardian,  etc.,  penalty 178 

4785  (amended  by  act  July  4,  1884).    Fees  of  agents  and  attorneys 86, 173 

4786  (amended  by  act  July  4,  1884).    Articles  of  agreement,  agents  and 

attorneys , 86 

4813    (amended  by  act  May  4,  1898).     Naval  Home  in  Philadelphia,  etc., 

payment  of  pensions  of  inmates,  etc 122 

4820.  Rights  of  pensioned  inmates  of  Soldiers'  Home,  Washington,  D.  C 121 

4839.  Government  Hospital  for  the  Insane,  superintendent  and  disbursing 

officer,  duties  of 128 

4851.  Government  Hospital  for  the  Insane,  insane  persons  charged  with 

crime  to  be  admitted 156 

4855.  Delivery  of  insane  criminals  restored  to  sanity 156 

5390   (now  sec.  146,  Criminal  Code).    Misprision  of  felony 181 

5392  (now  sec.  125,  Criminal  Code).    Perjury 163 

5393  (now  sec.  126,  Criminal  Code).    Subornation  of  perjury 165 

5396.  Form  of  indictment  for  perjury 165 

5397.  Indictment  for  subornation  of  perjury 166 

5403    (now  sec.  128,  Criminal  Code).    Destroying,  etc.,  public  records 180 

5408   (now  sec.  129,  Criminal  Code).    Destroying,  etc.,  records  by  officer 

in  charge 180 

5414  (now    sec.   148,    Criminal   Code).     Forgery,    counterfeiting   United 

States  securities,  etc 162 

5418  (now  sec.  28,  Criminal  Code).     Forging  public  record,  etc 161 

5421  (now  sec.  29,   Criminal  Code).     Forging  deed,  power  of  attorney, 

etc 161 

5422  (now  sec.  30,  Criminal  Code).    Having  forged  papers  in  possession,  162 

5427  (now  sec.  332.  Criminal  Code).    Who  are  principals 181 

5431  (now  sec.  151,  Criminal  Code).     Passing,  etc.,  forged  securities,  etc., 

of  the  United  States 162 

5434  (now  sec.  154,  Criminal  Code).     Buying,  etc.,  forged  securities,  etc., 

of  the  United  States . 162 

5435  (now  sec.  33,  Criminal  Code).     False  personation  of  persons  entitled 

to  pension 177 

5436  (now  sec.  34,  Criminal  Code).     False  demand  on  fraudulent  power 

of  attorney 177 

5438  (now  sec.  35,  Criminal  Code).  Making  or  presenting  false  claim__  157 
5440  (now  sec.  37,  Criminal  Code).     Conspiracy  to  defraud  the  United 

States 172 

5442  (now    sec.    70.    Criminal    Code).     False    certification    by    consular 

officer 160 

5449   (now  sec.  131,  Criminal  Code).     Bribery  of  judge,  officer  to  hear 

testimony,  etc 169 


CONTENTS.  Vn 

Sec.                                ^  Page. 

5450  (now  sec.  111,'Criminal  Code).     Bribery  of  Members  of  Congress—  167 

5451  (now  sec.  39,  Criminal  Code).     Bribery  of  United  States  oflScer 166 

5454  (now  sec.  40,  Criminal  Code).     Unlawfully  taking  or  using  papers 

relating  to  claims 179 

5456  (now  sec.  46,  Criminal  Code).     Larceny  of  personal  property  of  the 

United   States 179 

5479  (now  sec.  28,  Criminal  Code).    Forging  bond,  bid,  public  record,  etc_  161 

5481  (now  sec.  85,  Criminal  Code).  Extortion  by  United  States  officer—  180 
5483  (now  sec.  86,   Criminal  Code).     Receipting  for  larger  sums  than 

are   paid 178 

5485.  Illegal  attorney  fees 172 

5486  (amended  by  act  Feb.  10,  1891).     Embezzlement  of  pension  money 178 

5487  (now  sec.  108,  Criminal  Code).     Pension  agent  taking  fee. 175 

5491   (now   sec.   90,    Criminal   Code).     Failure   of  officer  to  render  ac- 
counts,  etc 178 

5495  (now  sec.  94,  Criminal  Code).    Prima  facie  evidence  of  embezzle- 

ment, etc 178 

5496  (now  sec.  95,  Criminal  Code).     Evidence  of  conversion 179 

5498  (now   sec.   109,   Criminal   Code).     Officer  not  to  be  interested   in 

claims  against  the  United  States .     166 

5500  (now  sec.  110,  Criminal  Code).     Member  of  Congress,  etc.,  soliciting 

or  accepting  bribe 167 

5501  (now   sec.   117,    Criminal   Code).     United   States   officer   accepting 

bribe '. 169 

5502  (now  sec.  110,  Criminal  Code).     Forfeiture  of  office 167,169 

5518  (now  sec.  21,  Criminal  Code).     Conspiracy  to  prevent  accepting  or 

holding  office  under  the  United  States 170 

5533,5535  (now  sec.  333,  Criminal  Code).     Punishment  of  accessories 181 

CHRONOLOGICAIi  INDEX  OF  STATUTES  AT  LARGE. 

Act  March  16,  1802,  chapter  9.  Pensions  to  the  soldiers  of  the  military 
peace  establishment . 13 

Act  April  24,  1816,  chapter  68.     Rates  in  invalid  pension  claims 14 

Resolution  May  29,  1830  (Pub  Res.  No.  7).  Report  to  be  made  to  Con- 
gress in  case  of  meritorious  claims  not  provided  for  by  existing  law—      135 

Act  August  3,  1861,  chapter  42.  Medical  cadets,  rank,  number,  and  quali- 
fications           34 

Act  March  25,  1862,  chapter  49.    Pensions,  etc.,  to  officers  and  men  in  the 

Department  of  the  West  or  the  Department  of  the  Missouri 38 

Act  March  3,  1863,  chapter  78.    Each  company  may  have  2  undercooks  for 

each  cook,  the  undercooks  to  be  of  African  descent : 34 

Act  June  8,  1864,  chapter  115.  Relief  of  Second  Regiment,  Third  Brigade, 
Ohio  Volunteer  Militia 39 

Act  March  1,  1869,  chapter  59.  Relief  of  Bryson's  company,  Mounted 
Volunteers 40 

Act  July  14,  1870,  chapter  278.  Relief  of  Beaty's  company  of  Inde- 
pendent Scouts 40 

Act  May  21,  1872,  chapter  178.  Retention  of  discharge  papers,  etc.,  by 
attorney  or  agent 172 

Act  June  6,  1874,  chapter  219.     Special-act  pensions  equalized 134 

Act  June  18,  1874,  chapter  298.  Increase  of  pension  for  loss  of  sight  of 
both  eyes,  both  hands,  both  feet,  or  other  injuries  resulting  in  total 
helplessness 52 


VIII  CONTENTS. 

Page. 

Act  June  18,  1874,  chapter  299.  Loss  of  arm  at  or  above  elbow,  leg  at 
or  above  knee 54 

Act  March  3,  1875,  chapter  144,  now  sections  47  and  48,  Criminal  Code. 
Embezzlement,  stealing,  etc.,  public  property 179,180 

Act  March  3,  1875,  chapter  253.  Pensions  for  widows,  minors,  and  de- 
pendent relatives  of  soldiers  murdered  at  Centralia,  Mo 63 

Act  February  28,  1877,  chapter  73.  Loss  of  one  hand  and  one  foot,  or 
total  disability  in  the  same 54 

Act  March  3,  1877,  chapter  120  (amended  by  act  Aug.  1,  1892).  Re- 
moving bar  to  pension  imposed  by  section  4716,  Revised  Statutes,  in 
cases  where  persons  in  rebellion  afterwards  enlisted  in  the  United 
States  Army 135 

Act  March  3,  1877,  chapter  121.  Equalizing  pensions  of  certain  oflScers 
of  the  Navy 43 

Act  March  8,  1878,  chapter  25  (amending  sec.  4778,  R.  S.).  Death  of 
pension  agent;  vacancy,  how  filled 114 

Act  March  9,  1878,  chapter  27.  War  of  1812;  pensions  granted  on  ac- 
count of  service  in;  false  oath  deemed  perjury;  disloyalty  not  a 
bar,  etc 18,  164 

Act  June  17,  1878,  chapter  261.  Loss  of  both  hands  or  both  feet  or  the 
sight  of  both  eyes 53 

Act  June  18,  1878,  chapter  268.  Certain  Navy  officers  ranked  for  pen- 
sionable purposes 43 

Act  January  25,  1879,  chapter  23.    Pensions,  commencement  of;  arrears 58 

Act  March  1,  1879,  chapter  124.  Pensioners  in  civil  service;  bar  to  pay- 
ment of  pension  removed 147 

Act  March  3,  1879,  chapter  187.  Rate  of  arrears ;  commencement  of  pen- 
sion; limitation  as  to  date  of  filing  claim  for  pension;  not  applicable 
to  insane  persons  or  minors 59 

Act  March  3,  1879,  chapter  198.    Amputation  of  leg  at  hip  joint 54 

Act  March  3,  1879,  chapter  200.    Loss  of  sight  of  both  eyes 53 

Act  May  17,  1879,  chapter  8  (amending  sec.  5440,  R.  S.,  now  sec.  37, 
Criminal  Code).  Conspiracy  to  commit  an  offense  against  the  United 
States,  etc. ;  all  liable  for  acts  of  one 172 

Act  June  21,  1879,  chapter  34.  Biennial  examinations  abolished;  au- 
thority granted  to  increase  or  reduce  pensions 110 

Act  June  9,  1888,  chapter  166.     Restoring  pensions  in  certain  cases 17 

Act  June  16,  1880,  chapter  236.  Rate  for  total  helplessness  increased 
in  certain  cases 52 

Act  February  26,  1881,  chapter  80.     Regulating  payment  of  pensions  to 
inmates  of  National  Home  for  Disabled  Volunteer  Soldiers 123 

Act  March  3,  1881,  chapter  162.  Pensions  to  wounded  or  disabled  volun- 
teers who  assisted  the  forces  of  the  United  States  in  Nez  Perc6  Indian 
war  in  Montana,  and  to  their  widows,  etc 39 

Act  July  25,  1882,  chapter  349 : 

Sec.  2    (amending  sec.  4744,  R.  S.).     Commissioner  of  Pensions  to 
detail  clerks  to  make  special  investigations  into  merits  of  pension 

claims,  etc 4 

Sec.  3  (amending  sec.  184,  R.  S.).     Subpoenas  to  witnesses 5 

Sec.    4.     Examining    surgeons,     appointment    of;     organization    of 

boards;  fees 110 

Sec.   5.     Pension   under  special   act  not  to  be  in  addition   to  that 
allowed  by  general  law  unless  the  act  so  specifies 134 


CONTENTS.  IX 

Page. 
Act  August  5,  1882,  chapter  389.     Duties  of  First  and  Second  Deputy 

Commissioners  of  Pensions 2 

Act  August  7,  1882,  cliapter  433 : 

Pensions   due   inmates   of  National   Home  for   Disabled  Volunteer 

Soldiers  to  be  paid  to  treasurers 123 

Insane   persons   from   the   National   Home  for   Disabled   Volunteer 
Soldiers   to  be   admitted   into  the  Government  Hospital  for  the 

Insane  in  the  District  of  Columbia,  etc 126 

Insane  persons  charged  with  crime  admitted 157 

Act  August  7,  1882,  chapter  438  (amending  sec.  4702,  R.  S.).     Widows  and 

minors,  when  entitled,  etc 61 

Act  August  8,  1882,  chapter  469  (amending  sec.  4766,  R.  S.)  : 

Payment  of  pension ;  to  be  made  only  to  person  entitled,  except,  etc. 

(See  also  act  Mar.  3,  1899) 119 

Inspection  of  pension  agencies,  etc 4, 119 

Act  February  28,  1883,  chapter  58  (amending  sec.  4745,  R.  S.).  Any 
pledge  or  transfer  of  pension  void,  and  the  pledge  or  receipt  of  the 

same  a  misdemeanor 175 

Act  March  3,  1883,  chapter  91.  Increase  of  pension  for  loss  of  one  hand 
or  one  foot  or  equivalent  incapacity;  and  loss  of  arm  at  or  above 

elbow  or  leg  at  or  above  knee ;  total  incapacity  for  manual  labor 54 

Act  March  3,  1883,  chapter  130.  Pensioned  inmates  of  Soldiers'  Home, 
Washington,  D.  C,  may  allot  portion  of  pension;  pension  of  inmates 

not  allotted  to  be  paid  to  treasurer  of  home 122 

Joint  resolution  February  1,  1884  (Pub.  Res.  No.  4).  Detail  of  clerks 
from  the  Pension  Office  to  the  Pension  Committees  of  the  House  of 

Representatives 135 

Act  April  18,  1884,  chapter  26  (now  sec.  32,  Criminal  Code).     False  pre- 

sonation  of  Government  officer 177 

Act  July  4,  1884,  chapter  181.     Attorney  fees  in  pension  cases 86,91,173 

Act  March  3,  1885,  chapter  340 : 

Soundness  at  enlistment  presumed 60 

Pension  agents,  salaries  of 114 

A.ct  March  3,  1885,  chapter  352.     Increase  of  pension  for  loss  of  arm  at 

shoulder  joint . 55 

Act  March  19,  1886,  chapter  22 : 

Increase  in  rate  of  pension  to  certain  widows 62 

No  attorney  fee 62, 91 

A.ct  May  15,  1886,  chapter  327.  Missouri  Home  Guards;  discharge  cer- 
tificates to  be  issued  to  members  of 138 

Act  August  4,  1886,  chapter  899.     Increase  of  pension  for  loss  of  arm  or 

leg,  etc 55 

Act  January  3,  1887,  chapter  18.  Date  of  death  fixed  in  case  of  officers, 
etc.,   lost   in   the  wreck   of  the   steamer   Jeannette;  12   months'   pay 

granted  by  act  to  be  deducted  from  pension  given  to  widows,  etc 69 

Act  January  29,  1887,  chapter  70.     Mexican  War ;  pensions  to  survivors, 

widows,  etc.;  perjury 24,165 

Act  January  29,  1887,  chapter  74.  One  year's  pay  given  to  widows,  etc., 
of  those  lost  in  the  wreck  of  the  U.  S.  S.  Ashuelot  to  be  deducted  from 

any  pension  allowed 70 

Act  June  7,  1888,  chapter  369.  Commencement  of  widow's  pension  in 
claim  based  on  death  from  disability  originating  in  the  service  and 
line  of  duty 62 


X  CONTENTS. 

Page. 
Act  August  14,  1888,  chapter  890.     Desertion ;  certain  appointed  and  en- 
listed men  who  served  in  the  Navy  or  Marine  Corps  during  the  Civil 

AVar  relieved  of  charge  of 18g 

Act  August  27,  1888,  chapter  913.     Increase  for  deafness___ 5e 

Act  August  27,  1888,  chapter  914.     State  or  Territorial  soldiers'  homes; 

aid  to I2f 

Act  February  12,  1889,  chapter  132.     Increase  for  loss  of  both  hands 53 

Act  March  1,  1889,  chapter  332: 

Pension  voucher  may  be  executed  before  United  States  officer  free  of 

charge 111 

Rooms  in  public  buildings  to  be  assigned  for  use  of  pension  agencies.      115 
Act  March  2,  1889,  chapter  390,  amended  by  act  March  2,  1891,  act  July 
27,  1892,  and  act  March  2,  1895.     Desertion ;  certain  regular  and  volun- 
teer soldiers  of  the  Mexican  and  Civil  Wars  relieved  from  charge  of__      141 
Act  March  4,  1890,  chapter  25.     Increase  for  total  helplessness;  regular 

aid  and  attendance 5( 

Act  June  27,  1890,  chapter  634  : 

Sec.  1.  Dependent  parents;  sufficiency  of  evidence  to  show  de- 
pendence; commencement  and  termination  of  pension Gi 

Sec.  2  (amended  by  act  May  9,  1900).  Pensions  to  certain  soldiers 
and  sailors;  honorable  discharge  from  Rebellion  service  required; 

rate;  commencement;  rank  not  considered,  etc 4t 

Sec.  3  (amended  by  act  May  9, 1900).  Widows  and  minor  children  of 
certain  soldiers  and  sailors  given  pensionable  status;  continuance 
of  pension  to  insane,   idiotic,  or  otherwise  permanently  helpless 

children  provided  for 4G,  04 

Sec.  4.  Fees  of  agents  and  attorneys 46,90,17c 

Act  June  30,  1890,  chapter  639.     Clerks  to  sign  official  checks  in  pension 

agencies;  designation  of ^ llf 

Act  July  1,  1890,  chapter  646.     Oaths  to  declarations,  vouchers,  etc.,  may 

be  taken  before  officer  authorized  to  administer  for  general  purposes 8C 

Act  August  29,  1890,  chapter  820 : 
Sec.  1  part — 

Chief  clerks  to  administer  oaths  in  certain  cases c 

Notaries  public  in  service  of  United  States  to  administer  oath  of 

office  free  of  charge ^ 

Sec  2  (amended  by  acts  Mar.  3,  1891,  and  May  27,  1908).  Persons 
on  active  or  retired  list  of  Army,  Navy,  or  Marine  Corps,  or  in 

Revenue-Cutter  Service,  not  to  receive  pension 13( 

Joint  resolution  September  1,  1890  (Pub.  Res.  No.  43).    Oaths,  etc. ;  certifi- 
cates of  official  character,  etc 81 

Act  February  10,  1891,  chapter  127  (now  sec.  172,  Criminal  Code).     Coun- 
terfeit obligations,  securities,  etc.,  to  be  forfeited 16? 

Act  February  10,  1891,  chapter  130  (amending  sees.  4783  and  5486,  R.  S.). 

Embezzlement  of  pension  money  by  guardian,  etc 17^ 

Act  March  2,  1891,  chapter  498  (amending  act  Mar.  2,  1889).     Desertion ; 

minor  discharged  by  order  of  court  not  to  receive  bounty,  etc 14^ 

Act  March  3,  1891,  chapter  548: 

Sec  1,  part.    Attorney  fees ;  increase,  etc.,  claims 88, 17- 

Sec  1,  part  (amending  act  Aug.  29,  1890,  and  extended  by  act  May     . 
27,  1908).     Pensions  not  to  be  paid  to  persons  on  the  active  or 
retired  list  of  the  Army,  Navy,  Marine  Corps,  or  Revenue-Cutter 
Service 13' 


CONTENTS.  ,  XI 

^Act  March  3,  1891,  chapter  548— Continued.  Page. 

Sec.  2   (amending  sec.  4764,  R.  S.).     Pension  agencies  grouped  for 

purpose  of  making  payments  of  pension 116 

Sec.  3.     Oaths ;  all  clerks  detailed  as  special  examiners  authorized  to 

administer '_ —  4 

ii\.ct  March  3,  1891,  chapter  568.  Pensions  for  members  of  Powell's  bat- 
talion          27 

i\.ct  March  3,  1891,  chapter  650.  First  Kansas  Colored  Volunteers,  relief 
of;  pension  rights  to  certain  wounded  members  of 38 

Act  July  14,  1892,  chapter  169.  Total  disability;  rate  of  $50  per  month 
in  cases  requiring  frequent  and  periodical  aid 57 

Act  July  26,  1892,  chapter  255.     Declarations,  etc.,  before  whom  to  be 

executed _ 81 

Act  July  27,  1892,  chapter  273  (amending  act  Mar.  2,  1889).  Desertion; 
limitation  as  to  filing  application  for  removal  of  charge  extended 144 

Yet  July  27,  1892,  chapter  277.  Indian  wars;  pensions  to  certain  sur- 
vivors, and  to  their  widows;  rate;  honorable  discharge  and  30  days' 
service  required ;  false  oath ;  disloyalty  not  a  bar 20, 165 

ict  August  1,  1892,  chapter  351  (amending  act  Mar.  3,  1877).  Removing 
bar  to  pension  imposed  by  section  4716,  Revised  Statutes,  in  cases  where 
persons  in  rebellion  afterwards  enlisted  in  the  Army  or  Navy  of  the 
United    States 135 

A.ct  August  5,  1892,  chapter  379.  Pensions  for  Army  nurses ;  rate ;  no  at- 
torney fee 41,  91, 175 

Act  January  5,  1893,  chapter  18.  Mexican  War ;  increase  in  rate  of  pen- 
sion to  wholly  disabled  and  destitute  pensioned  survivors 26 

Act  February  3, 1893,  chapter  58.     Indian  war  claims ;  proof  of  citizenship.        23 

Act  December  21, 1893,  chapter  3.  Pension  not  to  be  withheld  or  suspended 
until  after  notice 137 

Act  July  18,  1894,  chapter  141.  Examining  surgeons;  reports  of,  to  be 
open  to  inspection 111 

Act  August  23,  1894,  chapter  319.  Pension  vouchers  may  be  executed  be- 
fore fourth-class  postmasters 117 

Joint  resolution  February  15,  1895  (Pub.  Res.  No.  15).  Benefits  of  act 
June  27,  1890,  extended  to  certain  Missouri  militiamen,  their  widows 
and  minors 48 

Act  March  2,  1895,  chapter  161 : 

Pensions  may  be  paid  to  nonresidents 121 

Minimum  rate  of  pension  bused  on  disability  fixed  at  $6  per  month; 
not  retroactive 57 

Act  March  2,  1895,  chapter  181.     Desertion;  limitations  for  filing  claims 

under  the  act  of  March  2,  1889,  removed 144 

Act  March  2,  1895,  chapter  193.  Accrued  pensions;  who  entitled;  reim- 
bursement claims 130 

Act  March  6,  1896,  chapter  46.     Commencement  in  rejected,  suspended, 

or  dismissed  claims  under  the  act  of  June  27,  1890 49 

Act  March  13,  1896,  chapter  54.  Death  presumed  from  continued  and 
unexplained  absence  for  i^eriod  of  seven  years 73 

Act  May  28,  1896,  chapter  255.  Merchant  marine  service ;  persons  drafted 
in  time  of  war  entitled  to  pensions,  if  wounded;  widows  and  minors 
entitled,    when 147 

Act  February  17,  1897,  chapter  248.  Gray's  Battalion  Arkansas  Volun- 
teers, pensions  granted  to  survivors  and  widows  of  members  of  said 
organization 27 


Xn  CONTENTS. 

Page 
Act  February  24,  1897,  chapter  311.     Rate  of  pension,  etc.,  in  case  of 

remuster 4^ 

Act  March  14,  1898,  chapter  60.     Pension  of  foreign  residents  not  to  be 

paid  on  power  of  attorney 121 

Act  March  30,  1898,  chapter  103.     Commencement  of  pension  in  cases 

arising  out  of  the  destruction  of  the  U.  S.  S.  Maine 7( 

Act  April  22,  1898,  chapter  187.     Status  of  Spanish  War  volunteers 14' 

Act  April  26,  1898,  chapter  191.     Desertion  from  the  Army  in  time  of  war 

forfeits  pensionable  status.     See  act  May  11,  1908 14i 

Act  May  4,  1898,  chapter  234  (amending  sec.  4713,  R.  S.).  Pensions  of 
inmates  of  Naval  Home  at  Philadelphia,  Pa.,  or  naval  hospitals,  to  be 

paid  to  the  Secretary  of  the  Navy 12- 

Joint  Resolution  May  26,  1898  (Pub.  Res.  No.  38).  United  States  auxil- 
iary naval  force  organized 3( 

Act  June  6,  1898,  chapter  389.  Political  disabilities  created  by  section  3, 
fourteenth  amendment  to  the  Constitution  of  the  United  States,  removed 

in  cases  arising  under  the  act  January  29,  1887 2( 

Act  July  7,  1898  (amending  sec.  4746,  R.  S.).  False  affidavits  and  post- 
dating vouchers  in  pension  cases-. 151 

Act  February  8,  1899,  chapter  121.     Suits  against  public  officer  not  to 

abate  on  his  death,  etc 15( 

Act  March  3,  1899,  chapter  460  ( amending  sec.  4766,  R.  S. )  : 

Division  of  pension,  when  made,  etc 12( 

Conditions  prerequisite  to  widow's  title 66, 12( 

Act  April  23,  1900,  chapter  251.     Mexican  War  survivors;   increase  of 

pension  granted  in  certain  cases 2( 

Act  May  9,  1900,  chapter  385  (amending  act  June  27,  1890).  Certain 
survivors  of  the  War  of  the  Rebellion  given  a  pensionable  status; 
length  of  service;   honorable  discharge;   aggregate  disabilities  to  be 

rated ;  widows,  minors,  and  helpless  children,  when  entitled,  etc 47,  64 

Act  May  24,  1900,  chapter  55.     Desertion;  limitation  as  to  time  within 

which  claims  under  act  August  14,  1888,  may  be  filed,  removed 141 

Act  March  2,  1901,  chapter  809  (amending  sec.  183,  R.  S.,  and  amended  by 
act  Feb.  13,  1911).  Certain  officers  to  administer  oaths  in  official  in- 
vestigations   f 

Act  March  3,  1901,  chapter  865  (amending  sec.  4708,  R.  S.,  and  amended 
by  act  Feb.  28,  1903). 

Remarried  widows;  restoration  of  iiension  on  renewed  widowhood; 

conditions  of  title,  etc 7( 

Attorney  fee  not  allowed 71,  9: 

Act  June  27,  1902  (extending  the  provisions  of  the  act  July  27,  1892)  : 

Indian  wars,  survivors  of,  to  be  pensioned ;  widows  also  entitled,  etc_        2: 
Contract  entered  into  with  agents  or  attorneys  prior  to  passage  of 

act  void 22,  9: 

Act  July  1,  1902,  chapter  1551.     Accrued  pension  due  inmates  of  National 

Home  for  Disabled  Volunteer  Soldiers,  disposition  of 12 

Joint  resolution  July  1,  1902  (Pub.  Res.  No.  42)  : 

Sec.  1.     Limitation  as  to  disloyalty  removed  in  certain  cases 13 

Sec.  2  (amended  by  joint  resolution  of  June  28,  1906).     As  to  final 

honorable  discharge  from  the  War  of  the  Rebellion 14 

Act  December  19,  1902,  chapter  7.     First  Ohio  Volunteer  Light  Artillery ; 

military  service  recognized 4 

Act  January  15,  1903,  chapter  190.     I'^.crease  for  total  deafness 5 


CONTENTS.  .  XIII 

Act  January  21,  1003,  chapter  196 :  Page. 

Sec.  4    (amended  by  act  May  27,  1908).     Organized  Militia   to  be 

called  for  in  case  of  invasion 35 

Sec.  7   (amended  by  act  May  27,  1898).    Mustering  into  service  of 

the  United  States 35 

Sec.  22.     Pensions  for  wounds  or  disabilities  received  or  incurred 

while  in  the  service  of  the  United  States 35 

Act  February  28,  1903,  chapter  858   (amending  sec.  4708,  R.  S.,  and  act 
Mar.  3,  1901)  : 

Remarried  widows;  restoration  of  pension  on  renewed  widowhood; 

conditions  of  title,   etc 72 

Attorney  fee  not  allowed 73,  92 

Act  March  2,  1903,  chapter  977.     Increase  of  pension  for  loss  of  limbs,  or 

total  disability  in  same,  etc 55 

Act  ]March  3,  1903,  chapter  1021.     Mexican  War ;  pensions  of  survivors  in- 
creased to  $12  per  month 26 

Act  April  8,  1904,  chapter  945.     Increase  of  pension  for  total  blindness—        "53 
Act  February  20,  1905,  chapter  593  (amending  act  Aug.  7,  1882).     Gov- 
ernment Hospital  for  the  Insane;  payment  and  disposition  of  pension 

money  belonging  to  certain  inmates  thereof 127 

Act  March  3,  1905,  chapter  1483.    Accrued  pension  not  to  be  paid  as  re- 
imbursement to  State,  county,  or  municipal  corporations 131 

Act  March  3,  1905,  chapter  1484.     Private  secretary  to  the  Commissioner 

of  Pensions  authorized 3 

Act  February  27, 1906,  chapter  510  (amending  sec.  3679,  R.  S.).     Expendi- 
tures in  excess  of  appropriation  forbidden  and  acceptance  of  voluntary 

service  prohibited,  except,  etc 176 

Act  April  5,  1906,  chapter  1366 : 

Sec.  7.  Consular  officers  required  to  perform  notarial  acts 83 

Sec.  10.  Consular  officers  to  affix  stamp  to  all  papers  acknowledged 

before   them 83 

Act  June  22,  1906,  chapter  3514.    Clerks  to  serve  three  years  in  one  de- 
partment before  transfer  to  another 8 

Act  June  28,  1906,  chapter  3573.     United  States  commissioners  to  have 

seal,  and  to  use  same 82 

Act  June  28,  1906,  chapter  3574  (amending  sec.  5481,  R.  S.,  now  sec.  85, 

Criminal  Code),     Extortion  by  officer,  etc.,  of  the  United  States 180 

Joint  resolution  June  28,  1906  (Pub.  Res.  No.  39,  amending  sec.  2,  joint 
resolution  July  1,  1902).     Effect  of  honorable  discharge  from  rebellion 

service 146 

Act  June  29,  1906,  chapter  3616.     Notaries  in  the  District  of  Columbia  not 

prohibited  from  prosecuting  claims  against  the  United  States 84 

Act  June  30,  1906,  chapter  3914.     Deposited  moneys  of  deceased  inmates 
of  the  Government  Hospital  for  the  Insane  to  be  covered  into  the 

Treasury 128 

Act  February  6,  1907,  chapter  468 : 

Pensions  to  certain  survivors  of  the  Mexican  and  Civil  Wars 27,  49 

Agents  or  attorneys  not  entitled  to  fee  for  services  under  this  act-  28,  50,  92 
Act  March  4,  1907,  chapter  2920 : 

Age  made  a  specific  disability 50 

Provisions  of  the  act  February  6,  1907,  extended  to  certain  soldiers 
and  sailors 28,  50 


XIV  CONTENTS. 

Act  April  19,  1908,  chapter  147 :  Page 

Sec.  1.  Fixing  Diinimum  rate  of  pension  to  widows,  etc Ql 

Sec.  2.  Pensions  granted  to  certain  widows  of  soldiers  and  sailors  of 
the  Civil  War 61 

Sec.  3.  Attorney  fee  restricted 65, 91, 17- 

Act  April  23,  1908,  chapter  150.     Medical  Reserve  Corps  not  entitled  to 

pension  except,  etc , 3' 

Act  May  11,  1908,  chapter  163  (amending  sec.  6,  act  Apr.  26,  1898).    De- 
sertion from  Army  forfeits  pensionable  rights 141 

Act  May  22,  1908,  chapter  186.     Travel  expenses  of  employees  at  Wash- 
ington to  be  reported  annually 

Act  May  27, 1908,  chapter  200  (see  act  Aug.  29, 1890,  and  act  I^Iar.  3, 1891) . 
Pensions  to  officers  and  men  in  the  Revenue-Cutter  Service  on  active 

or  retired  list  prohibited 13' 

Act  May  27,  1908,  chapter  204  (amending  act  Jan.  21,  1903).     Militia,  to 

promote  the  efficiency  of 3( 

Act  May  28,  1908,  chapter  208 : 

State  and  Territorial  homes ;  pensioned  inmates  to  receive  pension 

direct 12( 

Examining  surgeons,  increase  of  fees  to,  etc 11 

No  fee  allowed  for  services  in  connection  with  securing  pension  by 

special  act  of  Congress 90, 17i 

Reports  of  special  examiners  open  to  inspection ! 

Act  May  30,  1908,  chapter  230: 

Indian  wars;  pensions  to  survivors  of  Texas  volunteers,  and  their 

widows 2; 

Contracts  made  with  agents  or  attorneys  prior  to  passage  of  act  void-  23,  9! 
Act  February  2,  1909,  chapter  58  (amending  sec.  4839,  R.  S.).     Govern- 
ment Hospital  for  the  Insane;  superintendent  and.  disbursing  officer, 

duties   of 12^ 

Act  February  23,  1909,  chapter  174  (amending  sec.  3646,  R.  S.).     Dupli- 
cate checks,  when  issued 11' 

Act  March  4,  1909,  chapter  299 : 

Sec.  8.  Disbursing  officers ;  substitutes  authorized  in  case  of  illness,  etc_  i 
Sec.  9.  Commissions ;  compensation  to,  unless  authorized  by  law,  pro- 
hibited; details  of  clerks  forbidden ' 

Act  March  4,  1909,  chapter  302 : 

Additional  pension  granted  by  special  act  because  of  helpless  child 

not  to  affect  prior  rate  granted  widow 13^ 

Franked  envelopes  to  be  furnished  pensioners  for  return  of  vouchers 

to  pension  agents 11' 

Reimbursement  claims  to  be  settled  by  Commissioner  of  Pensions 13: 

Act  March  4,  1909,  chapter  321,  Criminal  Code : 

Sec.  21  (formerly  sec.  5518,  R.  S.).     Conspiracy  to  prevent  accepting 

or  holding  office  under  the  United  States 17' 

Sec.  28   (formerly  sees.  5418  and  5479,  R.  S.).     Forging  bond,  bid, 

public  record,  etc '  16 

Sec.  29  ( formerly  sec.  5421,  R.  S. ) .    Forging  deed,  power  of  attorney,  etc_      16 
Sec.  30  (formerly  sec.  5422,  R.  S.).     Having  forged  papers  in  posses- 
sion        16 

Sec.  31.  False  acknowledgment  by  officer  having  authority  to  admin- 
ister oaths,   etc 10 

Sec.  32   (formerly  act  Apr.  18.  1884).     Falsely  pretending  to  be  a 
United  States  officer 17 


CONTENTS,  ^      /^  ''*or.if^^ 

(         UNJvEr.SiT' 
ct  March  4,  1909,  chapter  321,  Criminal  Code — Continued.  V      n     J**ge.  ^ . 

Sec.  33  (formerly  sec.  5435,  R.  S.).     False  personation  of  holdel**^£t-irJ----^ 

public  stocks,  pensioner,  etc 177 

Sec  34    (formerly  sec.  5436,  R.   S.).     False  demand  on  fraudulent 

power  of  attorney 177 

Sec.  35  ( formerly  sec.  5438,  R.  S. ) .      Making  or  presenting  false  claims.       157 
Sec.  37  (formerly  sec.  5440,  R.  S.).     Conspiracy  to  commit  an  offense 

against  the  United  States,  etc. ;  all  liable  for  acts  of  one 172 

Sec.  39  (formerly  sec  5451,  R.  S.).     Bribery  of  United  States  officer.      160 
Sec  40    (formerly  sec.   5454,   R.   S.).     Unlawfully  taking  or  using 

papers  relating  to  claims 179 

Sec  46  (formerly  sec.  5456,  R.  S.).     Robbery  or  larceny  of  personal 

property  of  the  United  States 179 

Sec  47  (formerly  act  Mar.  3,  1875,  sec.  1).     Embezzlement,  etc.,  of 

public   property . 179 

Sec  48  (formerly  act  Mar.  3,  1875,  sec.  2).     Receivers,  etc.,  of  stolen 

property 180 

Sec  70  (formerly  sec.  5442,  R.  S.).     False  certification  by  consular 

officer 160 

Sec  85  (formerly  sec.  5481,  R.  S.,  as  amended  by  act  June  28,  1906). 

Extortion  by  officer,  etc..  of  the  United  States 180 

Sec  86  (formerly  sec.  5483,  R.  S.).     Receipting  for  larger  sums  than 

are  paid 178 

Sec  90  (formerly  sec.  5491,  R.  S.).     Failure  of  officer  to  render  ac- 
counts, etc 178 

Sec  94  (formerly  sec.  5495.  R.  S.).     Prima  facie  evidence  of  embez- 
zlement in  certain  cases 178 

Sec  95  (formerly  sec.  5496,  R.  S.).     Evidence  of  conversion 179 

Sec  106.  False  certification  by  public  officer 160 

Sec  108  (formerly  sec.  5487,  R.  S.).     Pension  agent  taking  fee 175 

Sec  109  (formerly  sec.  5498,  R.  S.).     Officer  not  to  be  interested  in 

claims  against  the  United  States 166 

Sec  110  (formerly  sees.  5500  and  5502,  R.  S.).     Member  of  Congress 

etc.,  soliciting  or  accepting  bribe 167 

Sec  111  (formerly  sec.  5450,  R.  S.).     Offering,  etc.,  bribe  to  Member 

of  Congress 167 

Sec   112.  Member   of  Congress   taking  consideration   for   procuring 

contracts,  offices,  etc. ;  offering  him  consideration,  etc 168 

Sec  113    (formerly  sec.  1782,  R.   S.).     Member  of  Congress  taking 

compensation  in  matters  to  which  the  United  States  are  parties 168 

Sec  117  (formerly  sees.  5501  and  5502,  R.  S.).     Officer  of  the  United 

States  accepting  bribe 169 

Sec  125  (formerly  sec.  5392,  R.  S.).     Perjury 163 

Sec  126  (formerly  sec.  5393,  R.  S.).     Subornation  of  perjury 165 

Sec  128  (formerly  sec.  5403,  R.  S.).     Destroying,  etc.,  public  records.       180 
Sec  129   (formerly  sec.  5408,  R.  S.).     Destroying  record  by  officer 

in  charge 180 

Sec  131  (formerly  sec.  5449,  R.  S.).     Bribery  of  a  public  or  judicial 

officer,  etc 169 

Sec  133.  Juror,  referee,  etc.,  accepting  bribe 169 

Sec  134.  Witness  accepting  bribe 170 

Sec  145.  Extortion  under  threat  of  informing 181 

Sec  146  (formerly  sec.  .5390,  R.  S.).     Misprision  of  felony 181 

Sec    148    (formerly    sec.    5414,    R.    S.).     Forging    or   counterfeiting 

United  States  securities 162 


XVI  CONTENTS. 

Act  March  4,  1909,  chapter  321,  Criminal  Code — Continued.  pj 

Sec.  151  (formerly  sec.  5431,  R.  S.).  Passing,  uttering,  etc.,  forged 
obligations,  etc.,  of  the  United  States 

Sec.  154  (formerly  sec.  5434,  R.  S.).  Buying,  selling,  etc.,  forged 
securities 

Sec.  172  (formerly  act  Feb.  10,  1891).  Counterfeit  obligations,  se- 
curities, etc.,  to  be  forfeited 

Sec.  332  (formerly  sec.  5427,  R.  S.).     Who  are  principals 

Sec  333  (formerly  sees.  5533  and  5535,  R.  S.).  Punishment  of  ac- 
cessories   ' 

Sec  335.  Felonies  and  misdemeanors  distinguished 

Sec  342.  Accrued  rights,  etc.,  not  affected  by  adoption  of  Criminal  Code_ 

Sec  343.  Prior  offenses ;  how  prosecuted 

Sec  344.  Acts  of  limitation ;  how  affected  by  the  Criminal  Code 

Sec  345.  Date  on  which  Criminal  Code  went  into  effect,  to  wit,  Janu- 
ary 1,  3910 : 

Act  May  7,  1910,  chapter  216  (repealing  sec.  860,  R.  S.).  United  States 
courts,  pleadings  or  disclosures  in  any  judicial  proceeding  may  be  used 

as  evidence  in___ : 

Act  June  9,  1910,  chapter  277.     Bonds  not  required  of  the  United  States, 

etc.,  in  the  courts  of  the  District  of  Columbia : 

Act  June  25,  1910,  chapter  384.  National  Home  for  Disabled  Volunteer 
Soldiers,  application  for  admission  to,  must  contain  contract  for  dispo- 
sition, at  his  death,  of  property  of  member : 

Act  June  25, 1910,  chapter  393.      Certificates  of  discharge,  etc.,  to  be  Issued  in 

the  true  name  where  person  served  under  an  assumed  name,  except,  etc_      : 
Act  June  25,  1910,  chapter  413.     Rural  delivery  carriers  may  execute  pen- 
sion vouchers 1 

Act  February  13,  1911,  chapter  43  (amending  sec.  183,  R.  S.,  as  amende'd 
by  act  Mar.  2,  1901).  Certain  United  States  officers  authorized  to  ad- 
minister oaths  in  official  investigations 

Joint  resolution,  February  27,  1911  (Pub.  Res.  No.  63).  Military  rec- 
ords; certain  acts  correcting,  passed  during  the  Sixty-first  Congress, 

not  to  be  construed  as  denying  right  to  pension ] 

Act  March  3,  1911,  chapter  227.     Pension  agencies ;  clerk  hire  and  salaries 

therein  to  be  approved  by  the  Secretary  of  the  Interior ] 

Act  March  3,  1911,  chapter  231.     Judicial  Code : 

Sec  24.    District  courts ;  jurisdiction  of 1 

Sec  42.     Offenses  begun  in  one  district  and  completed  in  another —       ] 

Sec  43.     Suits  for  recovery ] 

Sec  164.  Court  of  Claims  entitled  to  information,  etc.,  from  execu- 
tive departments,  etc 1 

Sec  300.    Prosecution  for  prior  offenses 1 —      1 

Sec  301.     Judicial  Code  to  become  operative  Jan.  1,  1912 1 

Act  March  4,  1911,  chapter  237.  Pension  Office;  appropriation  for  offi- 
cers, etc.,  for  the  fiscal  year  ending  June  30,  1912 ;  restrictions 

Act  March  4,  1911,  chapter  270.     False  accounts  and  reports  by  officers 

of  the  United  States;  punishment  for  making 1 

Act  March  4,  1011,  chapter  285 : 

Soldiers'  homes;  appropriation  not  available  for  any  home  that  per- 
mits the  sale  of  intoxicants ;  deductions  to  be  made  from  Federal 
aid  to  State  and  Territorial  homes  equal  to  amounts  collected  from 

inmates 1 

Disbarment  proceedings ;  Secretary  of  the  Interior  to  take  and  pre- 
pare testimony 


CONTENTS.  XVII 

Act  May  11,  1912 :  Page. 

Pensions  to  certain  survivors  of  tlie  Civil  and  Mexican  Wars 207 

Sec.  2.  Rank  and  service  not  considered 208 

Sec  3.  Agents  or  attorneys  not  entitled  to  fee  for  services,  except 208 

Sec.  4.  Provisions  extended  to  certain  classes  of  beneficiaries ^  208 

Sec.  5.  Commissioner  to  keep  record  and  furnisli  copies 209 

^ct  August  17,  1912 : 

Disbursing  clerk  for  payment  of  pensions  created 209 

Pension  agents  and  agencies  abolished 209 

Consolidation  of  agencies  authorized 209 

Sec  2.  Secretary  to  group  pensioners 210 

Sec  3.  Pensions  to  be  paid  without  separate  vouchers,  except 210 

Sec  4.  Forging  indorsement,  uttering,  etc 211 

Sec  5.  Commissioner  to  apiwint  disbursing  clerk  to  act  temporarily. _  211 

Clerks  to  sign  checks 211 

Disbursing  clerk  to  give  bond 211 

Sec  6.  Payment  to  inmates  of  National  Home,  D.  V.  S.,  not  afifected__  211 
Let  August  22,  1912 : 

Secretary  of  War  and  Secretary  of  Navy  to  issue  certificates  of  dis- 
charge, etc.,  in  true  name 212 

73814°— 13 2 


*  >  J  J  ••  ■» 


Chapter  I. 
ADMINISTRATIVE  ORGANIZATION. 


Bec.  437,  it.  S.  Creation  of  Interior  De- 
partment. 

Sec.  441,  R.  S.  Secretary  of  the  Interior, 
jurisdiction  of. 

Sec.  169,  R.  S.  Departmental  employees. 

Sec.  470,  R.  S.  Commissioner  of  Pensions, 
appointment  of. 

Sec.  471,  R.  S.  Duties  of  Commissioner  of 
Pensions. 

Sec.  472,  R.  S.  Deputy  Commissioner  of 
Pensions  to  be  appointed. 

A.CT  Aug.  5,  1882.  Duties  of  First  and 
Second  Deputy  Commissioners  of  Pen- 
sions. 

Sec.  178,  R.  S.  Vacancies  In  subordinate 
offices,  how  filled. 

Sec.  179,  R.  S.  Discretionary  authority  of 
President  to  fill  temporary  vacancies. 

Sec.  173,  R.  S.  Chief  clerks,  duties  of. 

Sec.  174,  R.  S.  Chief  clerks,  duties  of. 

A.CT  Aug.  29,  1890.  Chief  clerks  to  admin- 
ister oaths  in  certain  cases. 

^CT  Mar.  3,  1905.  Private  secretary  to  the 
Commissioner  of  Pensions  authorized. 

\CT  Aug.  8,  1882.  Commissioner  of  Pen- 
sions to  inspect  agencies  and  boards  of 
examining  surgeons. 

Bec  474,  R.  S.  Investigation  of  attempts 
at  fraud. 

Sec  4744,  R.  S.  Special  service  for  investi- 
gation of  suspected  attempts  at  fraud. 

A.CT  Mar.  3,  1891.  Oaths,  special  examiners 
to  administer. 

A.CT  May  28,  1908.  Reports  of  special  ex- 
aminers open  to  inspection. 


Sec  183,  R.  S.  Investigation  of  miscon- 
duct, etc.,  of  officers  or  agents  of  the 
Government. 

Sec  184,  R.  S.  Subpoenas  to  witnesses. 

Sec  185,  R.  S.  Fees  of  witnesses. 

Sec  186,  R.  S.  Compelling  testimony  of 
witnesses. 

Sec  187,  R.  S.  Professional  assistance, 
how  obtained. 

Act  Mar.  4,  1909,  Sec  8.  Disbursing  offi- 
cers, substitutes  authorized  in  case  of 
illness  of,  etc. 

Act  Mar.  4,  1909,  Sec  9.  Compensation 
to  commissions  forbidden,  unless  created 
by  law.  Details  of  clerks  to  such  com- 
missions prohibited. 

Act  May  22,  1908,  Sec  4.  Report  to  be 
made  of  traveling  expenses  of  certain 
employees. 

Act  June  22,  1906.  Clerks,  etc.,  to  serve 
three  years  in  one  department  before 
transfer  to  another,  etc. 

Sec  1784,  R.  S.  Contributions,  etc.,  to 
superiors  prohibited. 

Act  Aug.  29,  1890.  Notaries  public  in  Gov- 
ernment employ  to  administer  oaths  free 
of  charge  in  certain  cases. 

Order  of  Jan.  5,  1905,  and  Order  of 
Apr.  7,  1905.  Notarial  charges  by  per- 
sons in  Government  employ  during  office 
hours  prohibited. 

Act  Mar.  4,  1911.  Appropriation  for  Pen- 
sion Office  force  and  limitations  Imposed. 


There  shall  be  at  the  seat  of  Government  an  Executive 
Department  to  be  known  as  the  Department  of  the  In- 
terior, and  a  Secretary  of  the  Interior,  who  shall  be  the 
head  thereof. 

The  Secretary  of  the  Interior  is  charged  with  the 
supervision  of  public  business  relating  to  the  following 
subjects:    *    *    *• 

Fourth.  Pensions  and  bounty-lands.     *     *     * 

Each  head  of  a  Department  is  authorized  to  employ 
in  his  Department  such  number  of  clerks  of  the  sev- 
eral classes  recognized  by  law,  and  such  messengers, 
assistant  messengers,  copyists,  watchmen,  laborers,  and 


Sec.  437,  R.  S. 

Department  of 
the  Interior,  crea- 
tion of. 


Sec.441,R.S. 
Secretary  of  the 
Interior,  duties  of 


Sec.  169,  R.  S. 

Departmental 
employees. 

Auth  o  rization 
for  appointment 
of  departmental 
clerks,  etc. 


I  ARMY  AND   NAVY   PENSIONS. 

,.,,    »^    otl^e^  ^employes,  and  at  such  rates  of  compensation,  re- 
"?*'.-,>'    spcM'if^?*?'^  may  be  appropriated  for  by  Congress  from 
\*  c  • ,,  ...^epcio  year.  -'*, 

c^'m^fsSer'  ''Tliem'slfsll-'be  in  the  Department  of  the  Interior  a 

of  Pensions.        Commissioner  of  Pensions,  who  shall  be  appointed  by 

the  President,  by  and  with  the  advice  and  consent  of  the 

Senate,  and  shall  be  entitled  to  receive  a  salary  of  four 

thousand  dollars  a  year.^ 

Dufe  o?com-     "T^^  Commissioner  of  Pensions  shall  perform,  under 
SS.^''^'^  °^  ^^'''  the  direction  of  the  Secretary  of  the  Interior,  such  duties 
in  the  execution  of  the  various  pension  and  bounty-land 
laws  as  may  be  prescribed  by  the  President. 
Deputy  ^c?m-     There  shall  be  in  the  Department  of  the  Interior  a 
migoner  of  Pen- Dgp^^y   Commissioner  of  Pensions,^  who  shall  be  ap- 
pointed by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  who  shall  be  charged  with  such 
dutie§  in  the  Pension  Bureau  as  may  be  prescribed  by  the 
Secretary  of  the  Interior,  or  may  be  required  by  law,  and 
'  in  case  of  death,  resignation,  absence,  or  sickness  of  the 

•^<  Commissioner,  his  duties  shall  devolve  upon  the  Deputy 

Commissioner  until  a  successor  is  appointed  or  such 
absence  or  sickness  ceases.  The  Deputy  Commissioner 
shall  be  entitled  to  receive  an  annual  salary  of  twenty-five 
hundred  dollars. 

i8^2%2i?atK:  *  *  *  /"/"owc^ecZ,  That  the  duties  of  first  and  second 
^^DutiS^oF^st  ^®P^^^3^  commissioners  shall  be  such  as  are  now  fixed  by 
Sty  coSsslon-  ^^^^  ^^^  ^^  deputy  commissioner  of  pensions ;  and  in 
^'■^-  case  of  death,  resignation,  absence,  or  sickness  of  the 

Commissioner  his  duties  shall  devolve  upon  the  first 
deputy  commissioner  until  his  successor  is  appointed,  or 
such  absence  or  sickness  ceases,  and  in  case  of  the  like 
absence  of  the  Commissioner  and  first  deputy  commis- 
sioner, the  second  deputy  commissioner  shall  act  as  Com- 
missioner in  like  manner.  *  *  * 
sec.i78;R.s.        In  case  of  the  death,  resignation,  absence,  or  sickness 

Vacancies      ^p,,./,/,  l  n^ 

s'jbordinate  of- of  the  chicf  of  any  Bureau,  or  of  any  officer  thereof. 
,Jo^^   '^'^iJ  23,  whose  appointment  is  not  vested  in  the  head  of  the  De- 

1868,  c.   227,  sec.  ^^ 

2,  V.  15,  p.  168.    partment,  the  assistant  or  deputy  of  -such  chief  or  oJ 
such  officer,  or  if  there  be  none,  then  the  chief  clerk  oi 

1  See  Sec.  472  for  note. 

2  Additional  deputy  commissioner  provided  for  under  the  act  of  Mar.  3 
1881,  21  Stat.  L.,  408,  c.  130. 

Salary  of  commissioner,  $5,000,  and  deputy  commissioners,  $3,600  each 
appropriation  act  of  Aug.  5,  1882,  22  Stat.  L.,  247,  C.  389.  These  salaries 
respectively,  have  been  continued  in  all  subsequent  appropriation  acts, 


ADMINISTRATIVE   ORGANIZATION.  3 

such  Bureau,  shall,  unless  otherwise  directed  by  the 
President,  as  provided  by  section  one  hundred  and 
seventy-nine,  perform  the  duties  of  such  chief  or  of  such 
officer  until  a  successor  is  appointed  or  such  absence  or 
sickness  shall  cease. 

In  any  of  the  cases  mentioned  in  the  two  preceding    sec.i79,R.s. 
sections,  except  the  death,  resignation,  absence,  or  sick- authority  of  the 
ness  of  the  Attorney-General,  the  President  may,  in  his    Act   Juiy   23, 
discretion,  authorize  and  direct  the  head  of  any  other  v.  15,  p.  m 
Department  or  any  other  officer  in  either  Department  i87o,  c.  150,  seel] 
whose  appointment  is  vested  in  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  perform 
the  duties  of  the  vacant  office  until  a  successor  is  ap- 
pointed, or  the  sickness  or  absence  of  the  incumbent 
shall  cease. 

Each  chief  clerk  in  the  several  Departments  and  Bu-    chler^' defks 
reaus,  and  other  offices  connected  with  the  Departments,  ^"^'^^  "^• 
shall  supervise,  under  the  direction  of  his   immediate 
superior,  the  duties  of  the  other  clerks  therein,  and  see 
that  they  are  faithfully  performed. 

Each  chief  clerk  shall  take  care,  from  time  to  time,    sec.i74,R.s. 

.      .  .        iq- 

that  the  duties  of  the  other  clerks  are  distributed  with 

equality  and  uniformity,  according  to  the  nature  of  the 
case.  He  shall  revise  such  distribution  from  time  to 
time,  for  the  purpose  of  correcting  any  tendency  to  un- 
due accumulation  or  reduction  of  duties,  whether  aris- 
ing from  individual  negligence  or  incapacity,  or  from 
increase  or  diminution  of  particular  kinds  of  business. 
And  he  shall  report  monthly  to  his  superior  officer  any 
existing  defect  that  he  may  be  aware  of  in  the  arrange- 
ment or  dispatch  of  business. 

And  the  Chief  Clerks  of  the  several  Executive  Depart-  jg^o'^gel'tft  l  ' 
ments  and  of  the  various  bureaus  and  offices  thereof  in ^^JjjJgppigPJg^^Q 
Washington,  District  of  Columbia,  are  hereby  authorized  ^^ertalncase^s*^ 
and  directed,  on  application  and  without  compensation 
therefor,  to  administer  oaths  of  office  to  employees  re- 
quired to  be  taken  on  their  appointment  or  promotion. 

Pension  Office:  For  private  secretary^  to  be  selected 33^g^t^jJ[^J;^'J^' 
and  appointed  by  the  Commissioner  of  Pensions  at  the *^' pr^iva^|'"^secre- 
rate  of  two  thousand  dollars  per  annum  from  March  gfj^gr"'^  S°™S- 
fourth,  nineteen  hundred  and  five,  to  June  thirtieth,  nine-  ^^°"^'  ^^^^'^^ 
teen  hundred  and  six,  both  inclusive,  two  thousand  six 
hundred  and  fifty  dollars. 

1  Provision  for  private  secretary  continued  in  subsequent  appropriation 
acts.  ih 


4  ARMY  AND   NAVY  PENSIONS. 

i88V^^22StS  L.',  That  section  forty-seven  hundred  and  sixty-six,  title 
^l'e^c^.^^'T7*b6fi%-seven,  of  the  Revised  Statutes  of  the  United  States 
amended.  jg  hereby  amended  to  read  as  follows : 

peSn^'Snci^^  "  ^EC.  4766.  *  *  *  The  Commissioner  of  Pensions 
Sini^Sfg^^  su?- ^i^^y?  when  in  his  judgment  it  shall  be  deemed  necessary 
geons.  Qj,  proper,  visit  in  person,  for  the  purpose  of  examination 

and  inspection,  or  may  send  any  one  or  more  of  the  officers 
of  his  bureau  for  that  purpose,  any  of  the  pension  agen- 
cies or  medical  examining  boards  or  surgeons;  and  the 
necessary  and  actual  expenses  of  such  visits  shall  be  paid 
by  the  Secretary  of  the  Interior  upon  properly  executed 
vouchers,  out  of  the  contingent  fund  of  said  bureau." 
?tP"  t^?v5;S««     The  Commissioner  of  Pensions  is  authorized  to  detail, 

1  n  V  e  s  ligation  ' 

fraud"Tct\ar^  f  rom  time  to  time,  any  of  the  clerks  in  his  Office  to  investi- 
i7sS'l^^75^^'^^^®  ^^y  suspected  attempts  to  defraud  the  United  States, 
18^  ^amerSkfg  ^^  ^^  affecting  the  administration  of  any  law  relative  to 
2?stat  L.  ^ref '' P^^^^*^^^?  ^^^  ^^  ^^^  ^^  prosecuting  any  persons  impli- 
cated, with  such  additional  compensation  as  is  customary 
in  cases  of  special  service.    Any  person  so  detailed  shall 
have  the  power  to  administer  oaths  in  the  course  of  any 
such  investigation. 
1882^*22  St  if'     That  section  forty-seven  hundred  and  forty-four,  title 
175,0.349,  sec  2!  fifty-seven,  of  the  Revised  Statutes  of  the  United  States 

Sec.        4744^       ^  ' 

amended.  jg  hereby  amended  to  read  as  follows : 

for^^fniSstflatSl  "  ^^^-  ^744.  The  Commissioner  of  Pensions  is  author- 
te'mirts^at^fr^d*^^^^  ^^  detail  from  time  to  time  clerks  or  persons  em- 
ployed in  his  office  to  make  special  examinations  into  the 
merits  of  such  pension  or  bounty  land  claims,  whether 
pending  or  adjudicated,  as  he  may  deem  proper,  and  to 
aid  in  the  prosecution  of  any  party  appearing  on  such 
examinations  to  be  guilty  of  fraud,  either  in  the  presenta- 
tion or  in  procuring  the  allowance  of  such  claims;  and 
any  person  so  detailed  shall  have  power  to  administer 
oaths  and  take  affidavits  and  depositions  in  the  course  of 
such  examinations,  and  to  orally  examine  witnesses,  and 
may  employ  a  stenographer,  when  deemed  necessary  by 
the  Commissioner  of  Pensions,  in  important  cases,  such 
stenographer  to  be  paid  by  such  clerk  or  person,  and  the 
amount  so  paid  to  be  allowed  in  his  accounts." 

26's?af T  ^'io83'  That  the  same  power  to  administer  oaths  and  take 
c- ^48,^sec.^3.^_^j  affidavits,  which  by  virtue  of  section  forty-seven  hun- 
examiners  to  ad-  (j^ed  and  fortv-f our  of  the  Revised  Statutes  is  conferred 

minister.  •         _ 

upon  clerks  detailed  by  the  Commissioner  of  Pensions 
from  his  office  to  investigate  suspected  attempts  at  fraud 


ADMINISTRATIVE   ORGANIZATION.  5 

on  the  Government  through  and  by  virtue  of  the  pension 
laws,  and  to  aid  in  prosecuting  any  person  so  offending, 
shall  be,  and  is  hereby,  extended  to  all  special  examiners 
or  additional  special  examiners  employed  under  author- 
ity of  Congress  to  aid  in  the  same  purpose. 

*     *     *     The  reports  of  the  special  examiners  of  19^^*33  ^f^^.  |f| 
the  Bureau  of  Pensions  shall  be  open  to  inspection  and  ^^^iepSS  ??  sW 
copy  by  the  applicant  or  his  attorney,  under  such  rules  I'f  l^n'^Tin- 
and  regulations  as  the  Secretary  of  the  Interior  may^P^*'^"- 
prescribe.^ 

That  section  one  hundred  and  eighty-three  of  the  Re-  iga^^ae^^tal  if.', 
vised  Statutes  of  the  United  States  be,  and  is  hereby,  ^|^/?^_  r.  s.. 
amended  so  as  to  read  as  follows :  amended. 

"  Sec.  183.  Any  officer  or  clerk  of  any  of  the  depart-  n,SJfcfTu.°! 
ments   lawfully   detailed   to   investigate    frauds   on,   oraLnts^Tf^   the 
attempts  to  defraud,  the  Government,  or  any  irregularity    ^'^®^  ^^^^^' 
or  misconduct  of  any  officer  or  agent  of  the  United  States, 
and  any  officer  of  the  Army,  Navy,  Marine  Corps  or 
Revenue-Cutter  Service,  detailed  to  conduct  an  investiga- 
tion, and  the  recorder,  and  if  there  be  none  the  presiding 
officer,  of  any  military,  naval,  or  Revenue-Cutter  Service 
board  appointed  for  such  purpose,  shall  have  authority 
to  administer  an  oath  to  any  witness  attending  tp  testify 
or  depose  in  the  course  of  such  investigation." 

Any  head  of  a  Department  or  Bureau  in  which  a  claim    5S  ^  f^^.'  ^14, 
against  the  United  States  is  properly  pending  may  apply  g^V.  i^'nk  ^^ 
to  any  judge  or  clerk  of  any  court  of  the  United  States, 
in  any  State,  District,  or  Territory,  to  issue  a  subpoena 
for  a  witness  being  within  the  jurisdiction  of  such  court, 
to  appear  at  a  time  and  place  in  the  subpoena  stated, 
before  any  officer  authorized  to  take  depositions  to  be    subpoenas    to 
used  in  the  courts  of  tlie  United  States,  there  to  give  full  ^'t°«s««''- 
and  true  answers  to  such  written  interrogatories  and  cross- 
interrogatories  as  may  be  submitted  with  the  applica- 
tion, or  to  be  orally  examined  and  cross-examined  upon 
the  subject  of  such  claim. 

That  in  addition  to  the  authority  conferred  by  section  j^^gf 22 "stJt.  S 
one  hundred  and  eighty-four,  title  four  of  the  Revised  i^l^^p^^^.^^^.^a. 
Statutes,  any  judge  or  clerk  of  any  court  of  the  United  ^^J^^g^ ^^g^^^. 
States  in  any  State,  District,  or  Territory  shall  have®^- 
power,   upon   the   application   of  the   Commissioner   of 

iThis  language  first  used  in  act  April  4,  1900,  31  Stat.  L.,  59.  Last 
used  in  act  May  28,  1908.  in  the  tliird  proviso  of  the  third  paragraph. 
Near  the  beginning  of  the  paragraph  the  word  "  hereafter  "  is  used  limit- 
ing the  body  of  the  paragraph  and  its  several  provisos. 


6  ARMY  AND   NAVY  PENSIONS. 

Pensions,  to  issue  a  subpoena  for  a  witness,  being  within 
the  jurisdiction  of  such  court,  to  appear,  at  a  time  and 
place  in  the  subpoena  stated,  before  any  officer  authorized 
to  take  depositions  to  be  used  in  the  courts  of  the  United 
States,  or  before  any  officer,  clerk,  or  person  from  the 
Pension  Bureau  designated  or  detailed  to  investigate  or 
examine  into  the  merits  of  any  pension  claim  and  author- 
ized by  law  to  administer  oaths  and  take  affidavits  in 
such  investigation  or  examination,  there  to  give  full 
and  true  answers  to  such  written  interrogatories  and 
cross  interrogatories  as  may  be  propounded,  or  to  be 
orally  examined  and  cross-examined  upon  the  subject 
of  such  claim ;  and  witnesses  subpoenaed  pursuant  to  this 
and  the  preceding  section  shall  be  allowed  the  same  com- 
pensation as  is  allowed  witnesses  in  the  courts  of  the 
United  States,  and  paid  in  the  same  manner. 
w?tnefse?'*fees  Witucsses  subpoBuaed  pursuant  to  the  preceding  sec- 
i8n%  fi^^sec^i'  ^^^^  shall  be  allowed  the  same  compensation  as  is  allowed 
V.  iG,  p.  412.  witnesses  in  the  courts  of  the  United  States. 
sec.i86,R.s        If  anv  witness,  after  beino^  duly  served  with  such  sub- 

Compelling  tes-  J  •}  &  ./ 

timony.  poeua,  ueglccts  or  refuses  to  appear,  or,  appearing,  re- 

H^Tsn' le*^  Stat" -^"^^^^  ^^  testify,  the  judge  of  the  district  in  which  the 
L.,412.  subpoena  issued  may  proceed,  upon  proper  process,  to 

enforce  obedience  to  the  subpoena,  or  to  punish  the  dis- 
obedience, in  like  manner  as  any  court  of  the  United 
States  may  do  in  case  of  process  of  subpoena  ad  testifi- 
candum issued  by  such  court. 
IrofeSonaf as-     Whenever  any  head  of  a  Department  or  Bureau  having 
tafrfed.^'  ^^^  °^'  ^^^^  application  pursuant  to  section  one  hundred  and 
jsri^  c.  S^'^sec/3'  eighty-four,  for  a  subpoena  to  procure  the  attendance  of 
V.  16,  p.  412.       j^  witness  to  be  examined,  is  of  opinion  that  the  interests 
of  the  United  States  require  the  attendance  of  counsel  at 
the  examination,  or  require  legal  investigation  of  any 
claim  pending  in  his  Department  or  Bureau,  he  shall  give 
notice  thereof  to  the  Attorney- General,  and  of  all  facts 
necessary    to    enable   the   Attorney-General    to    furnish 
proper  professional  service  in  attending  such  examina- 
tion, or  making  such  investigation,  and  it  shall  be  the 
duty  of  the  Attorney-General  to  provide  for  such  service. 
35'^staf^L^'io27'     ^^  ^^^^  ^^  ^^®  sickucss  or  Unavoidable  absence  of  any 
^DlsbuSin^'  of- ^^^^^^^^^^^  clerk  or  disbursing  agent  of  any  executive 
^Sstitntes  an- ^^P^^^^^*5  independent  bureau,  or  office,  in  Washington, 
iiStet?.'"'''^''^^''^*^^^*  ^^  Columbia,  he  may,  with  the  approval  of  the 
head  of  the  department,  independent  bureau,  or  office,  in 


ADMINISTRATIVE  ORGANISATION.  7 

which  said  disbursing  clerk  or  agent  is  employed,  author- 
ize the  clerk  of  highest  grade  employed  therein  to  act 
in  his  place,  and  to  discharge  all  the  duties  by  law  or 
regulations  of  such  disbursing  clerk  or  agent.  The  official 
bond  given  by  the  principal  of  the  office  shall  be  held  to 
cover  and  apply  to  the  acts  of  the  person  appointed  to 
act  in  his  place  in  such  cases.  Such  acting  officer  shall, 
moreover,  for  the  time  being,  be  subject  to  all  the  liabili- 
ties and  penalties  prescribed  by  law  for  the  official  mis- 
conduct in  like  cases,  of  the  disbursing  clerk  or  disbursing 
agent,  respectively,  for  whom  he  acts,  and  such  acting 
officer  shall  be  required  b}^  the  head  of  the  department, 
independent  bureau,  or  office,  to  give  bond  to  and  in  such  office?.^  °^  ^^^'^^ 
sum  as  the  disbursing  clerk  or  disbursing  agent  may 
require. 

That  hereafter  no  part  of  the  public  moneys,  or  of  anygg^s'tat^.^'io??; 
appropriation  heretofore  or  hereafter  made  by  Congress,  ^•coVmissions, 
shall  be  used  for  the  payment  of  compensation  or  ex-  JfJ^'^  etc°ITf?^n- 
penses  of  any  commission,  council,  board,  or  other  similar  Jaw,  forbwden!^^ 
body,  or  any  members  thereof,  or  for  expenses  in  connec- 
tion with  any  work  or  the  results  of  any  work  or  action 
of  any  commission,  council,  board,  or  other  similar  body, 
unless  the  creation  of  the  same  shall  be  or  shall  have  been 
authorized  by  law ;  nor  shall  there  be  employed  by  detail,  jted^**^^  prowb- 
hereafter  or  heretofore  made,  or  otherwise  personal  serv- 
ices from  any  executive  department  or  other  government 
establishment  in  connection  with  any  such  commission, 
council,  board,  or  other  similar  body. 

It  shall  be  the  duty  of  the  head  of  each  Executive  De-  ig^g^^ssS.  £ 
partment  and  other  Government  establishment  at  Wash-  ^^TraveUxpenses 
ington  to  submit  to  Congress  at  the  beginning  of  each  empioyeef^^^^at 
regular  session  a  statement  showing  in  detail  what  officers ^pOT^tST^^annu^. 
or  employees   (other  than  special  agents,  inspectors,  or^^^" 
employees,  who  in  the  discharge  of  their  regular  duties 
are  required  to  constantly  travel)  of  such  Executive  De- 
partment    or    other     Government    establishment    have 
traveled  on  official  business  from  Washington  to  points 
outside  of  the  District  of  Columbia  during  the  preceding 
fiscal  year,  giving  in  each  case  the  full  title  of  the  official 
or  employee,  the  destination  or  destinations  of  such  travel, 
the  business  or  work  on  account  of  which  the  same  wars 
made,  and  the  total  expense  to  the  United  States  charged 
in  each  case. 


8  ARMY  AND   NAVY   PENSIONS. 

looefs/stS.  ^.\  ^^  ^^^^^  ^^^  ^^  lawful  hereafter  for  any  clerk  or  other 
449,c.35i4,sec.5.pj^plQygQ  111  the  classified  service  in  any  of  the  Executive 
se?vf tfce^years -^^P^^t"^^^^^  ^^  ^®  transferred  from  one  Department  to 
Sent^btToTe  ^^^^^^^  Department  until  such  clerk  or  other  emj^loyee 
othef ^^  ^°  ^^"  shall  have  served  for  a  term  of  three  years  in  the  Depart- 
ment from  which  he  desires  to  be  transferred. 
DetefiA  civil  Hereafter  it  shall  be  unlawful  to  detail  civil  officers, 
pTrtments  *from  d^^ks,  or  other  Subordinate  employees  who  are  authorized 
tricf  ofcSunJbfa^^  employed  under  or  paid  from  appropriations  made  for 
restricted.  ^}-^g  military  or  naval  establishments,  or  any  other  branch 

of  the  public  service  outside  of  the  District  of  Columbia, 
except  those  officers  and  employees  whose  details  are  now 
specially  provided  by  law,  for  duty  in  any  bureau,  office, 
or  other  division  of  any  Executive  Department  in  the  Dis- 
trict of  Columbia,  except  temporary  details  for  duty  con- 
nected with  their  respective  offices. 

ProhiStiS'^of     ^^  officer,  clerk,  or  employe  in  the  United  States  Gov- 
contributions,  ernment  employ  shall  at  anv  time  solicit  contributions 

presents,  etc.,  to  x      i/ 

^"Ict^'^Feb  1  ^^^™^  other  officers,  clerks,  or  employes  in  the  Govern- 
if^63  ^'  ^^'  ^'  ^^'  ^^^^^  service  for  a  gift  or  present  to  those  in  a  superior 
official  position;  nor  shall  any  such  officials  or  clerical 
superiors  receive  any  gift  or  present  offered  or  presented 
to  them  as  a  contribution  from  persons  in  Government 
employ  receiving  a  less  salary  than  themselves ;  nor  shall 
any  officer  or  clerk  make  any  donation  as  a  gift  or  present 
to  any  official  superior.  Every  person  who  violates  this 
section  shall  be  summarily  discharged  from  the  Govern- 
ment employ. 
,-^ct  Aug;  29,     And  no  officer,  clerk,  or  employee  of  any  executive 

^^Notades^^ubiic  ^^®P^^^^®^^  ^^^  ^^  ^"^^^  ^  notary  public  or  other  officer 
who  are  Govern- authorized  to  administer  oaths,  shall  charge  or  receive 

nient  employees.  ,  ... 

Oaths.  any  fee  or  compensation  for  administering  oaths  of  office 

to  employees  of  such  department  required  to  be  taken  on 
appointment  or  promotion  therein. 

aeainst^^notarM^^^^^']  DEPARTMENT  OF   THE    INTERIOR, 

^^^''g^^-  Washington^  D.  G.^  January  .5, 1905. 

By  direction  of  the  President: 

It  is  hereby  ordered  that  hereafter  no  officer,  clerk,  or 
employee  in  the  Executive  service  of  the  Government,  who 
is  also  a  notary  public,  shall  charge  or  receive  any  com- 
pensation whatever  for  performing  any  notarial  act  for 
an  officer,  clerk,  or  employee  of  the  Government  in  his 
official  capacity,  or  in  any  matter  in  which  the  Govern- 


ADMINISTRATIVE   OEGANIZATION.  9 

meiit  is  interested,  or  for  any  person  when,  in  the  case 
of  such  person,  the  act  is  performed  during  the  hours 
of  such  notary's  service  to  the  Government.  Disobedience 
of  this  order  shall  be  ground  for  immediate  dismissal 
from  the  service. 

E.  A.  Hitchcock,  Secretary. 

On  March  31,  1905,  the  President  directed  the  amend- 
ment of  the  above  by  adding  at  the  end  thereof  the  fol- 
lowing paragraph: 

"  This  order  shall  not  apply  to  oaths  of  disinterested- 
ness, or  other  oaths  required  to  be  made  by  law,  provided 
that  the  work  in  connection  therewith  is  not  performed 
during  office  hours." 

E.  A.  Hitchcock,  Secretary. 

April  7,  1905. 

That  the  following  sums  be,  and  the  same  are  hereby,    ActMar.4,i9ii, 

.  ,  "^  •        XI         rr  *^ '36  Stat.  L.,  1216, 

appropriated,  out  or  any  money  in  the  Treasury  note 237, sec. i, part, 
otherwise   appropriated,   in   full   compensation  for   the 
service  of  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  twelve,  for  the  objects  hereinafter  expressed, 
namel}':     *     *     * 

Pension  Office  :  Commissioner  of  Pensions,  five  thou-  Pension  office, 
sand  dollars;  Deputy  Commissioner,  three  thousand  six 
hundred  dollars;  Second  Deputy  Commissioner,  three 
thousand  six  hundred  dollars;  chief  clerk,  two  thousand 
five  hundred  dollars ;  assistant  chief  clerk,^  two  thousand 
dollars;  medical  referee,  three  thousand  dollars;  assist- 
ant medical  referee,  two  thousand  two  hundred  and  fifty 
dollars;  two  qualified  surgeons,  at  two  thousand  dollars 
each;  fifteen  medical  examiners,  at  one  thousand  eight 
hundred  dollars  each;  eight  chiefs  of  division,  at  two 
thousand  dollars  each ;  law  clerk,  two  thousand  two  hun-  • 
dred  and  fifty  dollars;  chief  of  board  of  review,  two 
thousand  two  hundred  and  fifty  dollars ;  fifty-seven  prin- 
cipal examiners,  at  two  thousand  dollars  each;  private 
secretary,  to  be  selected  and  appointed  by  the  Commis- 
sioner of  Pensions,  two  thousand  dollars;  sixteen  assist- 
ant chiefs  of  division,  at  one  thousand  eight  hundred  dol- 

iBy  the  act  of  Aug.  5,  1882  (22  Stat.  L.,  247),  provision  is  first  made 
for  assistant  chief  clerk,  law  clerk,  chiefs  of  division,  assistant  medical 
referee,  qualified  surgeons,  and  medical  examiners.  The  first  appropriation 
for  chief  of  the  board  of  review  is  in  the  act  of  Apr.  28,  1902  (32  Stat.  L., 
159).  A  private  secretary  to  the  commissioner  was  first  authorized  by  the 
act  of  Mar.  ?,,  1905  (33  Stat.  L.,  1233). 


10  ARMY  AND   NAVY  PENSIONS. 

lars  each ;  three  stenographers,  at  one  thousand  six  hun- 
dred dollars  each;  ninety-fiA^e  clerks  of  class  four;  one 
hundred  clerks  of  class  three ;  two  hundred  and  seventy- 
iive  clerks  of  class  two;  two  hundred  und  ninety-five 
clerks  of  class  one;  sixty-five  clerks,  at  one  thousand 
dollars  each;  thirty  cop3dsts;  twenty-seven  messengers; 
twelve  assistant  messengers ;  seventeen  skilled  laborers,  at 
six  hundred  and  sixty  dollars  each;  twenty  messenger 
boys,  at  four  hundred  dollars  each ;  and  for  the  following 
for  care  of  buildings  under  the  chief  clerk  of  the  Interior 
Department,  namely,  superintendent  of  building,  one 
thousand  four  hundred  dollars;  two  engineers,  at  one 
thousand  two  hundred  dollars  each;  three  firemen; 
twenty-three  laborers;  ten  female  laborers,  at  four  hun- 
dred dollars  each ;  fifteen  charwomen ;  painter,  skilled  in 
his  trade,  nine  hundred  dollars ;  cabinetmaker,  skilled  in 
his  trade,  nine  hundred  dollars;  captain  of  the  watch, 
eight  hundred  and  forty  dollars;  three  sergeants  of  the 
watch,  at  seven  hundred  and  fifty  dollars  each;  twenty 
watchmen;  in  all,  one  million  four  hundred  and  eighty- 
three  thousand  six  hundred  and  twenty  dollars. 

tove^tf^tions.  ^^^  P^^  diem,  when  absent  from  home  and  traveling  on 
duty  outside  the  District  of  Columbia,  for  special  ex- 
aminers or  other  persons  employed  in  the  Bureau  of 
Pensions,  detailed  for  the  purpose  of  making  special 
investigations  pertaining  to  said  bureau,  in  lieu  of  ex- 
penses for  subsistence,  not  exceeding  three  dollars  per 
day,  and  for  actual  and  necessary  expenses  for  transpor- 
tation and  assistance,  and  any  other  necessary  expenses, 
including  telegrams,  two  hundred  and  fifteen  thousand 
dollars. 

Card-index  sys-  YoY  Continuing  the  installation  of  the  card-index  sys- 
tem of  the  records  of  the  Pension  Office,  ten  thousand 
*  dollars. 

Additional  spe-     YoT  an  additional  force  of  forty-five  special  examiners 

cial  examiners.  -^  ^ 

for  one  year,  at  one  thousand  three  hundred  dollars  each, 
fifty-eight  thousand  five  hundred  dollars,  and  no  person 
so  appointed  shall  be  employed  in  the  State  from  which 
he  is  appointed;  and  any  of  those  now  employed  in  the 
Pension  Office  or  as  special  examiners  may  be  reappointed 
if  they  be  found  to  be  qualified. 
Sec.  2,  id.  The  pay  of  telephone-switchboard  operators,  assistant 

Pay  of  switch-  ^  .    ,  ,    ,  -,      -, 

board  operators,  mcsscugers,  firemen,  watchmen,  laborers,  and  charwomen 

assistant  messen-  -  i     -i    c        •       ,1  •       k     i  jj-i  i  t*  •    1. 

gers>      laborers,  provided  lor  lu  tliis  Act,  exccpt  those  employed  m  mmts 
and  assay  offices,  unless  otherwise  specially  stated,  shall 


tern 


ADMINISTRATIVE   ORGANIZATION.  11 

be  as  follows :  P^or  telephone-switchboard  operators,  as- 
sistant messengers,  firemen,  and  watchmen,  at  the  rate 
of  seven  hundred  and  twenty  dollars  per  annum  each; 
for  laborers,  at  the  rate  of  six  hundred  and  sixty  dollars 
per  annum  each;  assistant  telephone-switchboard  oper- 
ators at  the  rate  of  six  hundred  dollars  each;  and  for 
charwomen,  at  the  rate  of  two  hundred  and  forty  dollars 
per  annum  each. 

That  the  appropriations  herein  made  for  the  officers,    see. 3, id. 

.  '     No  pay  for  j^t- 

clerks,  and  persons  employed  in  the  public  service  shall  ^anentiy     dis- 

1  '11  1      J?  1  •  <•  •       abled  persons. 

not  be  available  tor  the  compensation  of  any  persons  in- 
capacitated otherwise  than  temporarily  for  performing 
such  service,  and  the  heads  of  departments  shall  cause 
this  provision  to  be  enforced. 


Chapter  II. 
PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861. 


Act  Mar.  16,  1802,  Sec.  14.  Invalid  pen- 
sions. 

Act  Apr.  24,  1816.  Rates  in  invalid  .pen- 
sion claims. 

Sec.  "1657,  R.  S.  Volunteers,  etc.,  to  sup- 
press Indian  depredations  in  Florida ; 
benefits  to. 

Sec.  4228,  R.  S.  Pensions  to  officers  and 
seamen  of  the  Navy  disabled  prior  to 
Mar.  4,  1861. 

Sec.  4729,  R.  S.  Pensions  to  widows  and 
minors  of  certain  officers  and  seamen  of 
the  Navy  disabled  prior  to  March  4, 
1861. 

Sec.  1656,  R.  S.  Pensions  to  widows,  etc., 
of  those  who  die  in  the  service. 

Sec.  4732,  R.  S.  Widows  and  minor  chil- 
dren of  persons  engaged  in  the  War  of 
1812,  and  in  the  various  Indian  wars 
since   1790. 

Sec.  4725,  R.  S.  Half-pay  pensions  to 
widows  and  children  ;  commencement  of. 

Sec.  4726,  R.  S.  Minor's  title  on  remar- 
riage of  widow. 

Sec.  4727,  R.  S.  Rate  of  half-pension. 

Sec.  4712,  R.  S.  Extension  of  general  pen- 
sion laws  to  old  war  pensioners  in  the 
matter  of  rates. 

Act  June  9,  1880.  To  restore  pensions  in 
certain   cases. 

Bec.  4713,  R.  S.  Commence  of  ante-rebellion 
pensions. 

Act  Mar.  9,  1878.  Pensions  to  survivors  of 
the  War  of  1812  and  their  widows. 

Act  July  27,  1892.  Pensions  to  survivors 
of  certain  Indian  wars  and  their  widows. 


Act  June  27,  1902.  Extension  of  provi- 
sions of  act  July  27,  1892. 

Act  Mat  30,  1908.  Extension  of  provisions 
of  act  July  27,  1892. 

Act  Feb.  3,  1893.  Citizenship  in  Indian 
war  claims  ;   proof. 

Sec.  4730,  R.  S.  Mexican  War ;  Regulars  or 
Volunteers  disabled ;   pensioned. 

Sec.  4731,  R.  S.  Widows  and  children  of 
Regulars  or  Volunteers  in  the  Mexican 
War. 

Act  Jan.  29,  1887.  Mexican  survivors  and 
certain  widows  to  be  pensioned. 

Sec.  3,  Fourteenth  Amendment,  Consti- 
tution OF  the  United  States.  Political 
disabilities   created. 

Act  June  6,  1898.  Political  disabilities  re- 
moved. 

Act  Jan.  5,  1893.  -Increase  of  pension  in 
certain  Mexican  War  cases. 

Act  Apr.  23,  1900.  Increase  of  pension  in 
certain  Mexican  War  cases. 

Act  Mar.  3,  1903.  Increase  of  pension  in 
certain  Mexican  War  cases. 

Act  Mar.  3,  1891.  Pensions  for  members  of 
Powell's  battalion. 

Act  Feb.  17,  1897.  Pensions  for  members 
Gray's  battalion. 

Act  Feb.  6,  1907.  Pensions  for  certain  offi- 
cers and  men  who  served  in  the  Civil 
War  and  the  War  with  Mexico. 

Act  Mar.  4,  1907.  Extending  provisions  of 
act  Feb.  6,  1907. 


And  be  it  further  enacted,  That  if  any  officer,  noncom-  ^^^^  ^g"^  jf' 
missioned  officer,  musician,  or  private,  in  the  corps  com-  ■^^c)ffi'(^'rslndpri- 
posing  the  peace  establishment  shall  be  disabled  byjg^|^  ^^y  ^^e 
wounds  or  otherwise,  while  in  the  line  of  his  duty  inP^S^ion  list  in 

-"  "^  certam  cases,  at 

public  service,  he  shall  be  placed  on  the  list  of  invalids  si^^fled  rates. 

of  the  United  States,  at  such  rate  of  pay  and  under  such 

regulations  as  may  be  directed  by  the  President  of  the 

l/^nited  States  for  the  time  being :  Provided  always,  that 

the  compensation  to  be  allowed  for  such  wounds  or  dis-  ^g^°*^  *^  ^®  ®^' 

abilities,  to  a  commissioned  officer,  shall  not  exceed  for 

the  highest  rate  of  disability  half  the  monthly  pay  of 

13 


14  ARMY  AND   NAVY  PENSIONS. 

such  officer,  at  the  time  of  his  being  disabled  or  wounded ; 
and  that  no  officer  shall  receive  more  than  the  half  pay 
of  a  lieutenant-colonel ;  and  that  the  rate  of  compensation 
to  noncommissioned  officers,  musicians,  and  privates,  shall 
Inferior    disa-not  cxcecd  five  dollars  per  month:  And  provided  also. 

bilities  to  entitle  n    •     «      •  ,.      ,  .,7  .  .  i        i 

to  proportionate  that  all  inierior  disabilities  shall  entitle  the  person  so 

allowances.  -it  •  i  •  i 

disabled  to  receive  an  allowance  proportionate  to  the 
highest  disability.^ 
,  Act  Apr    24,     That  all  persons,  of  the  ranks  hereinafter  named,  who 

1816,  3  otat.  L/.,  ^    _  _  n     1 

296, c. 68, seel,    ype  uow  ou  the  military  pension  roll  of  the  United  States, 

Rates   of   pen-  j   tr  i 

b^^dLabiuS^^  ^^^^^'  ^^^"^  ^^^  after  the  passage  of  this  act,  be  entitled 
to,  and  receive,  for  disabilities  of  the  highest  degree,  the 
following  sums,  in  lieu  of  those  to  w^hich  they  are  now  en- 
titled, to  wit:  a  first  lieutenant,  seventeen  dollars;  a 
second  lieutenant,  fifteen  dollars ;  a  third  lieutenant,  four- 
teen dollars ;  an  ensign,  thirteen  dollars ;  and  a  noncom- 
missioned officer,  musician,  or  private,  eight  dollars  per 
month;  and  for  disabilities  of  a  degree  less  than  the 
highest,  a  sum  proportionably  less. 
Sec.  2,  id.  And  he  it  further  enacted^  That  all  persons  of  the 

vided  for  by  theaforcsaid  rauks,  who  may  hereafter  be  placed  on  the  mili- 

flrst  section  to  be  .  n       <•  ,i       -r-r    -i     i  o.     ,  in  t 

put  on  the  pen-tarv  pcusion  roU  01  the  United  States,  shall,  according  to 

sion  roll  accord-    .    \   ^         .  .     ^  i.ti-tj-  it  i  ±^ 

ing  to  the  rates  their  rauks  and  degrees  or  disabilities,  be  placed  on  at 
scribed.  the  aforcsaid  rates  of  pensions  in  lieu  of  those  hereto- 

fore established:  Provided,  That  nothing  herein  con- 
tained shall  be  construed  to  lessen  the  pension  of  any  per- 
son who,  by  special  provision,  is  entitled  to  a  higher  pen- 
sion than  is  herein  provided. 
Sec. 3, id.  ^^^  ^e  it  further  enacted.  That  all  laws  and  regula- 

Lawsandregu-  ■'  •      •  i.    i  /r»  i        il- 

lations relating  to  tionS  relating:  to  the  admission  of  the  officers  and  soldiers 
the     Regular  » 

Army  to  extend  of  the  regular  army  to  be  placed  on  the  pension  roll  oi 
the  United  States  shall,  and  they  are  hereby  declared  tc 
relate  equally  to  the  officers  and  soldiers  of  the  militia 
whilst  in  the  service  of  the  United  States. 

iThls  and  the  following  act  provide  pensions  for  the  permanent  portioi 
of  the  Regular  Army,  both  in  peace  and  in  war,  and  the  provisions  of  thes 
acts  were  extended  by  other  acts  to  the  additional  regular  troops  raise( 
in  time  of  war  (acts  Jan.  12,  1812  ;  Apr.  8,  1812  ;  Jan.  29,  1813,  sec.  10 
June  15,  1813,  sec.  4  ;  Mar.  2,  1813)  ;  also  to  the  rangers,  volunteers 
militia,  and  sea  fencibles  called  into  service  during  the  war  with  Grea 
Britain  (1812-1815),  the  Black  Hawk  Indian  war  (1832)  (Jan.  2,  1811 
sec.  4 ;  Feb.  6,  1812,  sec.  5  ;  July  5,  1813,  sees.  1,  2  ;  Apr.  IG,  1816,  sec.  1 
Apr.  24,  1816,  sec.  3  ;  June  15,  1832,  sees.  1-4),  and  to  the  militia  and  vo 
unteers  disabled  by  wounds  in  Gen.  Harrison's  campaign  on  the  Wabas 
against  hostile  Indians  in  1841,  and  other  Indian  disturbances  i 
1836-1838.     (Apr.  10,  1812,  sec.  3  ;  May  23,  1836,  sec.  5.) 

These  acts,  with  the  acts  extending  the  same  to  the  regular  troop 
volunteers,  and  militia  employed  in  time  of  war,  were  not  reenacted  i 
the  Revised  Statutes  nor  repealed  by  section  5596  of  the  Revised  Statute 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO   MARCH  4,  1861.  15 

The  volunteers  or  militia,  who  have  been  received  into    l^^iS?;?; 

'  V  o  1  un i e ers, 

the  service  of  the  United  States,  to  suppress  Indian  l^^[J^  dep?eS 
depredations  in  Florida,  shall  be  entitled  to  all  the  bene-  tjenlag  to!°"^^' 
fits  which  are  conferred  on  persons  wounded  or  otherwise  ^^^\  sta?L  ^7' 
disabled  in  the  service  of  the  United  States. 

If  any  officer,  warrant  or  petty  officer,  seaman,  engineer,    pension  to  offi- 
first,  second,  or  third  assistant  engineer,  fireman  or  coal-  of^?iie^Na\?^£ 
heaver  of  the  Navy  or  any  marine  has  been  disabled  prior  Mar.^4^i86i°'^  *° 
to  the  fourth  day  of  March,  eighteen  hundred  and  sixty-  AugJ^iif  fSs  ^9 
one  by  reason  of  any  injury  received  or  disease  contracted  f*\*87^;'^if 'silt! 
in  the  service  and  line  of  duty,  he  shall  be  entitled  to^'*°^- 
receive  during  the  continuance  of  his  disability  a  pension 
proportionate  to  the  degree  of  his  disability  not  exceeding 
half  the  monthly  pay  of  his  rank  as  it  existed  in  January 
eighteen  hundred  and  thirty-five.    But  the  pension  of  a 
chief -engineer  shall  be  the  same  as  that  of  a  lieutenant  of 
the  Navy;  the  pension  of  a  first  assistant  engineer  the 
same  as  that  of  a  lieutenant  of  marines ;  the  pension  of  a 
second  or  third  assistant  engineer  the  same  as  that  of  a 
forward  officer;  the  pension  of  a  fireman  or  coal-heaver 
the  same  as  that  of  a  seaman ;  but  an  engineer,  fireman  or 
coal-heaver  shall  not  be  entitled  to  any  pension  by  reason 
of  a  disability  incurred  prior  to  the  thirty-first  day  of 
August  eighteen  hundred  and  forty -two. 

If  any  person  referred  to  in  the  preceding  section  has    l^^'ngf^n*  to 
died  in  the  service,  of  injury  received  or  disease  con- ZLiZ^^t  L^o 

**       *^  ixiijiors    01    S0XXI6 

tracted  under  the  conditions  therein  stated,  his  widow  Jj^^^^l  the^^l^" 
shall  be  entitled  to  receive  half  the  monthly  pay  to  which  mI?] jgeT^"^  *° 
the  deceased  was  entitled  at  the  date  of  his  death;  and ^^i^'iSl^iUs^J^^ 
in  case  of  her  death  or  marriage,  the  child  or  children  ^*^*-^-'^^^- 
under  sixteen  years  of  age  shall  be  entitled  to  the  pension. 
But  the  rate  of  pension  herein  allowed  shall  be  governed 
by  the  pay  of  the  Navy  as  it  existed  in  January,  eighteen 
hundred  and  thirty-five ;  and  the  pension  of  the  widow  of 
a  chief  engineer  shall  be  the  same  as  that  of  a  widow  of  a 
lieutenant  in  the  Navy ;  the  pension  of  the  widow  of  a  first 
assistant  engineer  shall  be  the  same  as  that  of  the  widow 
of  a  lieutenant  of  marines ;  the  pension  of  the  widow  of  a 
second  or  third  assistant  engineer  the  same  as  that  of  the 
widow  of  a  forward  officer ;  the  pension  of  the  widow  of  a 
fireman  or  coal-heaver  shall  be  the  same  as  that  of  the 
widow  of  a  seaman.    But  the  rate  of  pension  prescribed 
by  this  and  the  preceding  section  shall  be  varied  from  and 
after  the  twenty-fifth  day  of  July  eighteen  hundred  and 
73814°— 13 3 


16  ARMY  AND   NAVY  PENSIONS. 

sixty-six  in  accordance  with  the  provisions  of  section  four 
thousand  seven  hundred  and  twelve  of  tliis  Title ;  and  the 
widow  of  an  engineer,  fireman,  or  coal-heaver  shall  not 
be  entitled  to  any  pension  by  reason  of  the  death  of  her 
husband  if  his  death  was  prior  to  the  thirty-first  day  of 
August  eighteen  hundred  and  forty-two. 
Sec.  1656,  R.s.      When  any  officer,  noncommissioned  officer,  artificer,  or 

Provision     for        .  •;  '.  t        •        i 

widows,  etc.,  of  private  or  the  militia  or  volunteer  corps  dies  m  the  serv- 
the  service.  icc  of  the  United  States,  or  in  returning  to  his  place  of 
1836,  6  Stat'.  L.' rcsidcncc  after  beinff  mustered  out  of  service,  or  at  any 

7;  Apr.  10,  1812,  .  ^  •       j    •  •  j 

sec.  2, 2  Stat.  L.,  time  in  consequence  or  wounds  received  in  service,  and 

704;  Apr.  16, 1816, ,  .^^  .»  .^  .  ..  ^  ,  .' 

sec.  1,3  Stat.  L.,  leaves  a  widow,  or  it  no  widow,  a  child  or  children 

285;  Mar.  3,  1817,         -,  •     .  j.  x.        '  j  '£  'j 

sec.  1, 3  Stat.  L.,  uudcr  sixtccn  years  or  age,  such  widow,  or  ii  no  widow, 
sec'  i,Vstat.  L.|  such  child  or  children,  shall  be  entitled  to  receive  half 
sec'  1, 5  Stat.  L.',  the  monthly  pay  to  which  the  deceased  was  entitled,  at 
the  time  of  his  death,  during  the  term  of  five  years; 
and  in  case  of  the  death  or  intermarriage  of  such  widow 
before  the  expiration  of  five  years,  the  half-pay  for  the 
remainder  of  the  time  shall  go  to  the  child  or  children 
of  the  decedent.  And  the  Secretary  of  the  Interior  shall 
adopt  such  forms  of  evidence,  in  applications  under  this 
section  as  the  President  may  prescribe. 

wTd?w?'and     '^^^  widows  and  children  under  sixteen  years  of  age 
minor    children  ^f  ^hc  officcrs,  noucommissioued  officers,  musicians  and 

of    persons     en-       ^  '  ... 

§fi8i2^ndin^heP^^^^*^^  ^^  ^^^  regulars,  militia,  and  volunteers  of  the 
^^l^°"^„»?7Qi^^war  of  one  thousand  eight  hundred  and  twelve  and  the 

wars  since  1790.  ^  ^  ^  ^ 

i87V\6^tat  L*' various  Indian  wars  since  one  thousand  seven  hundred 
*ii-  and  ninety  who  remained  at  the  date  of  their  death  in 

the  military  service  of  the  United  States,  or  who  re- 
ceived an  honorable  discharge  and  have  died  or  shall 
hereafter  die  of  injury  received  or  disease  contracted 
in  the  service  and  in  the  line  of  duty  shall  be  entitled 
to  receive  half  the  monthly  pay  to  which  the  deceased 
was  entitled  at  the  time  he  received  the  injury  or  con- 
tracted the  disease  which  resulted  in  his  death.  But  no 
half -pay  pension  shall  exceed  the  half  pay  of  a  lieuten- 
ant-colonel and  such  half-pay  pension  shall  be  varied 
after  the  twenty-fifth  day  of  July  one  thousand  eight 
hundred  and  sixty-six  in  accordance  with  the  provisions 
of  section  four  thousand  seven  hundred  and  twelve  of 
this  Title. 
Sec. 4725, R.s.      All  thosc  surviviuff  widows  and  minor  children  who 

Half-pay    pen-  ° 

siojs  to  widows  haven  been  allowed  five  years'  half -pay,  under  the  pro- 
''^sS^T  jSne^3^^^^^^^  ^^  ^^y  general  laws  passed  prior  to  the  third 
1858,  ii  'stat.  L.|  day   of   June,   eighteen   hundred    and    fifty-eight,    are 


PENSIONS  BASED  ON   SERVICE  PRIOR  TO   MARCH  4,  1861.  17 

granted  a  continuance  of  such  half-pay,  to  commence 
from  the  date  of  the  last  payment  under  the  respective 
Acts  of  Congress  granting  the  same,  and  on  the  terms 
and  limitations  provided  in  the  following  section. 

Such  half -pay  is  granted  to  such  widows  during  life,    Mlnot^stmeon 
and,  where  there  is  no  widow,  to  the  children,  while  under  ^^1™^^"'^^  ®  ""^ 
the  age  of  sixteen  years;  but  in  case  of  the  remarriage  jJ|«ji'gJ^^^®L^' 
or  death  of  any  such  widow,  the  half-pay  shall  go  to  the  god- 
children of  the  decedent  on  account  of  whose  service  it 
is  claimed,  while  such  children  are  under  sixteen  years  of 
age,  and  no  longer. 

The  half -pay  of  such  widows  and  children  shall  be    Ra^{e^^Jf^haif- 
half  the  monthly  pay  of  the  officers,  noncommissioned  ^^Jg^if  June  3, 
officers,  musicians,  and  privates  of  the  infantry  of  the  J^^'  ^^  ^^^-  ^• 
Regular  Army,  and  no  more,  and  no  greater  sum  shall 
be  allowed  to  any  such  widow  or  minor  children  than  the 
half -pay  of  a  lieutenant-colonel.    But  the  two  preceding    Limitation, 
sections  shall  not  be  construed  to  apply  to  or  embrace  the 
case  of  any  person  receiving  a  pension  for  life  on  the 
third  day  of  June,  eighteen  hundred  and  fifty-eight ;  and, 
wherever  half -pay  has  been  granted  by  any  special  act  of 
Congress,  and  renewed  or  continued  under  the  provisions 
of  those  sections,  the  same  shall  continue  from  the  date 
above  named:  Provided,  That  pensions  under  this  and 
the  two  preceding  sections  shall  be  varied  in  accordance 
with  the  provisions  of  section  four  thousand  seven  hun- 
dred and  twelve  of  this  Title. 

The  provisions  of  this  Title  in  respect  to  the  rates  of    p^v1IioA?*^of 
pension  to  persons  whose  right  accrued  since  the  fourth  {^^IJ  *°^  ®^" 
day  of  March,  eighteen  hundred  and  sixty-one,  are  ^^- i873^i]%^t^j^' 
tended   to   pensioners   whose   right   to   pension   accrued  g^'iS'  h  i^t 
under  general  acts  passed  since  the  war  of  the  Revolu-  j'uiy^?'  l^g  \^g 
tion  and  prior  to  the  fourth  day  of  March,  eighteen  ^^1*^  ^^'^^^-^^  ^. 
hundred  and  sixty-one,  to  take  effect  from  and  after  the  ^^%i  g^J®  l^ 
twenty-fifth  day  of  July,  eighteen  hundred  and  sixty-six ;  ^^^• 
and  the  widows  of  revolutionary  soldiers  and  sailors  re- 
ceiving a  less  sum  shall  be  paid  at  the  rate  of  eight  dollars 
per  month  from  and  after  the  twenty-seventh  day  of 
July,  eighteen  hundred  and  sixty-eight.^ 

That  section  three  of  an  act  entitled  "An  act  increasing, „^ct    June   9, 

-  .  ,  1880,  21  btat.  Li., 

the  pensions  of  widows  and  orphans,  and  for  other  pur-  i7o,  c.  lee. 
poses,"  approved  July  twentv-fifth,  eighteen  hundred  and  R- s. 

^  ^  ^        r  £-  J  ^  7       o  Restoring  pen- 

sixty-six,  and  section  thirteen  of  an  act  entitled  "An  act^io^s  in  certain 

1  Rate  increased  to  $12  per  month  by  act  March  19,  1886  (see  p.  62), 
in  cases  of  widows  who  were  married  prior  to  such  date,  or  prior  to  or 
during  the  service  upon  which  the  application  for  pension  is  based. 


18  ARMY  AND   NAVY  PENSIONS. 

relating  to  pensions,"  approved  July  twenty-seventh, 
eighteen  hundred  and  sixty-eight,  and  section  forty-seven 
hundred  and  twelve  of  the  Kevised  Statutes,  shall  not 
operate  to  reduce  the  rate  of  any  pension  which  had  actu- 
ally been  allowed  to  the  commissioned,  noncommissioned, 
or  petty  officers  of  the  Navy  or  their  widows  or  minor 
children,  prior  to  the  twenty-fifth  day  of  July,  eighteen 
hundred  and  sixty-six ;  and  the  Secretary  of  the  Interior 
is  hereby  directed  to  restore  all  such  pensions  as  have 
already  been  so  reduced  to  the  rate  originally  granted  and 
allowed,  to  take  effect  from  the  date  of  such  reduction. 
Sec. 4713, R.s.      In  all  cases  in  which  the  cause  of  disability  or  death 

Commence"       ..       ,     ^  .       ,  .  .        ,      ,i       c         ia     i  e  -kt        ^ 

ment  of  antere-  originated  in  the  service  prior  to  the  fourth  day  oi  March, 

bellion  pensions.       .,.  ,  ,-,  i-,  -i  I'j*  «• 

Sec.  19  Mar.  3,  eighteen  hundred  and  sixty-one,  and  an  application  tor 
573;  sec.  13,  June  pensiou  shall  iiot  liavc  been  filed  within  three  years  from 

6,  1866,  14  Stat.    ,         ,.      ,  i         ,        /.     i  ^  i 

L.,  58;  sec.  3,  July  the  discharfifc  or  death  or  the  person  on  whose  account  the 

25,  1866,  14  Stat.     ,     .         .  ^^  .,,   •        ,i  p^i        .  •        .. 

L.,230.  claim  IS  made,  or  within  three  years  oi  the  termination 

of  a  pension  previously  granted  on  account  of  the  service 
and  death  of  the  same  person,  the  pension  shall  commence 
fi'om  the  date  of  filing  by  the  party  prosecuting  the 
claim  the  last  paper  requisite  to  establish  the  same.  But 
no  claim  allowed  prior  to  the  sixth  day  of  June,  eighteen 
hundred  and  sixty-six,  shall  be  affected  by  anything 
herein  contained. 

.J-SKr.  ^?^:  T^'     That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 

1878,  20  Stat.  L.,  "^  .  , 

27,  c.  28,  sec.  1.     authorized  and   directed   to  place   on  the  pension-rolls 

Enlisted  men.  the  namcs   of  the  surviving   officers   and   enlisted   and 

drafted  men,  without  regard  to  color,  including  militia 

and   volunteers,   of  the  military   and   naval   service  of 

the  United  States,  who  served  for  fourteen  days  in  the 

war^fi|i2^^  ^rar  with  Great  Britain  of  eighteen  hundred  and  twelve, 

4736-4740,  'inciu-  or  who  wcrc  in  any  engagement  and  were  honorably  dis- 
charged, and  the  surviving  widows  of  such  officers  and 
enlisted  and  drafted  men. 
Pereons^iiot  en-     That  this  act  shall  not  apply  to  any  person  who  is 

titled.  receiving  a  pension  at  the  rate  of  eight  dollars  per  month 

or  more,  nor  to  any  person  receiving  a  pension  of  less 
than  eight  dollars  per  month,  except  for  the  difference 
between  the  pension  now  received  (if  less  than  eight  dol- 

ti^^ce^^  ^°^"lars  per  month)  and  eight  dollars  per  month.  Pensions 
under  this  act  shall  be  at  the  rate  of  eight  dollars  per 
month,  except  as  herein  provided,  and  shall  be  paid  to 
the  persons  entitled  thereto,  from  and  after  the  passage 


1861.  19 


of  this  act,  for  and  during  their  natural  lives:  Provided, ^.^'^^^^^^^^^^ 
That  the  pensions  to  widows  provided  for  in  this  act  shall  on  remarriage, 
cease  when  they  shall  marry  again. 

That  before  the  name  of  any  person  shall  be  placed    |%-J' inquired 
upon  the  pension-rolls  under  this  act  proof  shall  be  made,  l^^f^^^^  ^^™®  °^ 
under  such  rules  and  regulations  as  the  Commissioner  of 
Pensions,   with   the   approval   of   the   Secretary   of  the 
Interior,  shall  prescribe,  that  the  applicant  is  entitled  to 
a   pension   under  this   act;   and   any  person  who   shall  ^  Penalty  for  false 
falsely  take  any  oath  required  to  be  taken  under  the  pro- 
visions of  this  act  shall  be  guilty  of  perjury ;  and  the  Sec-  gtrlke^naJ^e  LS 
retary  of  the  Interior  shall  cause  to  be  stricken  from  the  roii. 
rolls  the  name  of  any  person  when  it  shall  appear,  by 
proof  satisfactory  to  him,  that  such  name  was  put  on  said 
rolls  by  or  through  false  or  fraudulent  representations,  or 
by  mistake  as  to  the  right  of  such  person  to  a  pension 
under  this  act.     The  loss  or  lack  of  a  certificate  of  dis-^j^^^^^  o^^d^js- 
charge  shall  not  deprive  the  applicant  of  the  benefit  of  ^^p®  ooj^^-  serv- 
this  act,  but  other  proof  of  the  service  performed  and  of  ^^^-^^^^o^"^- 
an  honorable  discharge,  if  satisfactory,  shall  be  deemed 
sufficient;  and  when  there  is  no  record  evidence  of  such 
service  and  such  discharge,  the  applicant  may  establish 
the  same  by  other  satisfactory  testimony :  Provided,  That  ge^kJ^^a^d^'hoS- 
when  any  person  has  been  granted  a  land- warrant  under  °''^^^®^^^^^^^®' 
any  act  of  Congress  for  and  on  account  of  service  in  the 
said  war  of  eighteen  hundred  and  twelve,  such  grant 
shall  be  prima  facie  evidence  of  his  service  and  honorable 
discharge,  so  as  to  entitle  him,  if  living,  or  his  widow,  if 
he  be  dead,  to  a  pension  under  this  act ;  but  such  evidence 
shall  not  be  conclusive,  and  may  be  rebutted  by  evidence 
that  such  land-warrant  was  improperly  granted. 

That  all  applications  for  pensions  of  the  classes  pro-  ippj't^^tions  to 
vided  for  in  this  act  heretofore  or  which  may  hereafter  ^^  considered, 
be  made  shall  be  considered  and  decided  as  though  made 
under  this  act ;  and  all  laws  now  in  force  in  regard  to  the 
manner  of  paying  pensions,  and  in  reference  to  the  pun- 
ishment of  frauds,  shall  be  applicable  to  all  claims  under 
the  provisions  of  this  act. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,    sec.s.id. 

^  .  Disloyalty; 

authorized  and  directed  to  restore  to  the  pension  rolls  the  names    dropped 

^  from  rolls  to  be 

names  of  all  persons  now  surviving  heretofore  pensioned  restored, 
on  account  of  service  in  the  war  of  eighteen,  hundred 
and  twelve  against  Great  Britain,  or  for  service  in  any 
of  the  Indian  wars,  and  whose  names  were  stricken  from 


20  AKMY  AND   NAVY  PENSIONS. 

the  rolls  in  pursuance  of  the  act  entitled  "An  act  author- 
izing the  Secretary  of  the  Interior  to  strike  from  the 
pension-rolls  the  names  of  such  persons  as  have  taken 
up  arms  against  the  government,  or  who  have  in  any 
18^^*12  Stat.  -L.',  ii^anner  encouraged  the  rebels,"  approved  February 
^^''-  fourth,  eighteen  hundred  and  sixty-two;  and  that  the 

tJnM^ar. 2^,^867^]^^'^^  resolution  entitled  "Joint  resolution  prohibiting 
an/ltc.  47i6^r^  payment  by  any  officer  of  the  government  to  any  per- 
peaied.  g^j^  j^q|.  known  to  have  been  opposed  to  the  rebellion  and 

in  favor  of  its  suppression,"  approved  March  second, 
eighteen   hundred   and   sixty-seven,   and   section    forty- 
seven  hundred  and  sixteen  of  the  Eevised  Statutes  of 
the  United  States,  shall  not  apply  to  the  persons  pro- 
f 0^°  pmoS^'iJf  ^i^i^d  for  by  this  act :  Provided,  That  no  money  shall  be 
suspension.        paid  to  anyone  ou  account  of  pensions  for  the  time  during 
which  his  name  remained  stricken  from  the  rolls, 
widows  en-     That  the  surviving  widow  of  any  pensioner  of  the 
titled.  ^^ar  of  eighteen  hundred  and  twelve  where  the  name 

of  said  pensioner  was  stricken  from  the  pension-rolls  in 
pursuance  of  the  act  entitled  "An  act  authorizing  the 
Secretary  of  the  Interior  to  strike  from  the  pension-rolls 
the  names  of  such  persons  as  have  taken  up  arms  against 
the  government,  or  who  have  in  any  manner  encouraged 
the  rebels,"  approved  February  fourth,  eighteen  hundred 
and  sixty-two,  and  where,  under  the  existing  provisions 
of  law,   said  pensioner   died   without  his   name   being 
restored  to  the  rolls,  shall  be  entitled  to  make  claim  for 
a  pension  as  such  widow  after  the  passage  of  this  act: 
low^.*"^*'^^  ^'  P'^ovided,  That  no  such  arrearages  shall  be  paid  for  any 
period  prior  to  the  time  of  the  removal  of  the  disability 
of  the  pensioner,  as  provided  in  section  five:  And  pro- 
R^vMuSona?/'^^*^^^  furth-ev,  That  under  this  act  any  widow  of  a  revo- 
seried^^u  di^ys^^^io^^^y  soldier  who  served  for  fourteen  days  or  was 
(see^ict  M^r.^iQ^i^  ^^7  engagement  shall  be  placed  upon  the  pension-rolls 
1886, 24  Stat.  L.,  ^f  ^1^^  United  States,  and  receive  a  pension  at  the  rate  of 
eight  dollars  per  month. 
Sec.  7,  id.  That  all  laws  and  clauses  of  laws  in  conflict  with  this 

act  be,  and  they  are  hereby,  repealed. 
1892^*27 "stJt  L '  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
^survfvmg^offi- ^^^^^^^^^^  ^^^  directed  to  place  on  the  pension  roll  the 
mSi^who^?"rved^^"^^^  ^^  ^^^  surviviug  officers  and  enlisted  men,  includ- 
wars^from  183^2  tS  ^^^^  marines,  militia,  and  volunteers  of  the  military  and 
1842  pensioned,  naval  service  of  the  United  States,  who  served  for  thirty 
days  in  the  Black  Hawk  war,  the  Creek  war,  the  Chero- 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  21 

kee  disturbances,  or  the  Florida  war  with  the  Seminole 

Indians,  embracing  a  period  from  eighteen  hundred  and 

thirty-two  to  eighteen  hundred  and  forty-two,  inclusive, 

and  were  honorably  discharged,  and  such  other  officers,  <j>5aj.J^°°°^jJ''| 

soldiers,  and  sailors  as  may  have  been  personally  named  iS^^requSlrTo 

in  any  resolution  of  Congress,  for  any  specific  service  in  ®^t*tie. 

said  Indian  wars,  although  their  term  of  service  may 

have  been  less  than  thirty  days,  and  the  surviving  widows    widows. 

of  such  officers  and  enlisted  men:  Provided^  That  such 

widows  have  not  remarried :  Provided  further^  That  this  (.j^fg^'^^^"®^'  °° 

act  shall  not  apply  to  any  person  not  a  citizen  of  the 

United  States. 

That  pensions  under  this  act  shall  be  at  the  rate  of    ^ate^'o^f-  ^^. 
eight  dollars  per  month,  and  payable  from  and  after  the  ^^^g^'  '^  p  e  r 
passage  of  this  act,  for  and  during  the  natural  lives  of 
the  persons  entitled  thereto. 

That  before  the  name  of  any  person  shall  be  placed  on    ^^  ^'s^Vetary 
the  pension  roll  under  this  act,  proof  shall  be  made,  under  prescribS^uies.  *° 
such  rules  and  regulations  as  the  Secretary  of  the  In- 
terior may  prescribe,  of  the  right  of  the  applicant  to  a 
pension ;  and  any  person  who  shall  falsely  and  corruptly  ju^*^^  °**^  ^^' 
take  any  oath  required  under  this  act  shall  be  deemed 
guilty  of  perjury;  and  the  Secretary  of  the  Interior  shall  st^i?ken°from 
cause  to  be  stricken  from  the  pension  roll  the  name  of '°"'°'"'^"^- 
any  person  whenever  it  shall  be  made  to  appear  by  proof 
satisfactory  to  him  that  such  name  was  put  upon  such 
roll  through  false  and  fraudulent  representations,  and 
that  such  person  is  not  entitled  to  a  pension  under  this 
act.     The  loss  of  the  certificate  of  discharge  shall  not    Loss   of  dis- 

r»  i«i«i  charge    certifl- 

deprive  any  person  of  the  benefits  of  this  act,  but  other  cat©  not  a  bar. 
evidence  of  service  performed  and  of  an  honorable  dis- 
charge may  be  deemed  sufficient. 

That  this  act  shall  not  apply  to  any  person  who  is  re-    sec  4,id. 

^^  ♦^        .1  Not  In  addition 

ceiving  a  pension  at  the  rate  of  eight  dollars  per  month  to  existing  pen- 
or  more,  nor  to  any  person  receiving  a  pension  of  less 
than  eight  dollars  per  month,  except  for  the  difference 
between  the  pension  now  received  (if  less  than  eight  dol- 
lars per  month)  and  eight  dollars  per  month. 

That  the  pension  laws  now  in  force,  which  are  not    l^s^^^^-  j^^ 
inconsistent  or  in  conflict  with  this  act,  are  hereby  made  ^^^^  ^^  udbi? 
a  part  of  this  act,  so  far  as  they  may  be  applicable 
thereto. 

That  section  forty-seven  hundred  and  sixteen  of  the  I^^^^Jg-R  g. 
Revised  Statutes  is  hereby  repealed,  so  far  as  the  same  .^®''^o^|jyengaged 
relates  to  this  act  or  to  pensioners  under  this  act.  excluded. 


22  ARMY  AND   NAVY  PENSIONS. 

1902^*32 "sSt.  S'     That  the  provisions,  limitations,  and  benefits  of  the  act 
^^surVivors    of^^^^^^^^^  ''All  Act  granting  pensions  to  survivors  of  the 
(18^-1858)  ^p/n-  Indian   wars   of   eighteen   hundred   and   thirty -two  to 
^^Ta  ■  July   27,  eighteen  hundred  and  forty-two,  inclusive,  known  as  the 
1892, amended.    Black  Hawk   war,   Creek  war,   Cherokee   disturbances, 
and  the  Seminole  war,"  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  are 
hereby,  extended,  from  the  date  of  the  passage  of  this  Act, 
to  the   surviving  officers   and   enlisted   men,   including 
marines,  militia,  and  volunteers  of  the  military  and  naval 
TWrty^^^days^  service  of  the  United  States  who  served  for  thirty  days 
char'^^prerequi-  ^^  i^o^e  and  wcre  honorably  discharged  under  the  United 
site.  States   military.   State,   Territorial,   or   provisional   au- 

thorities in  the  Florida  and  Georgia  Seminole  Indian 
war  of  eighteen  hundred  and  seventeen  and  eighteen 
hundred  and  eighteen;  the  Fevre  River  Indian  war  of 
Illinois  of  eighteen  hundred  and  twenty-seven;  the  Sac 
and  Fox  Indian  war  of  eighteen  hundred  and  thirty- 
one  ;  the  Sabine  Indian  disturbances  of  eighteen  hundred 
and  thirty -six  and  eighteen  hundred  and  thirty-seven; 
the  Cay  use  Indian  war  of  eighteen  hundred  and  forty - 
seven  and  eighteen  hundred  and  forty-eight,  on  the  Pa- 
cific coast;  the  Florida  wars  with  the  Seminole  Indians, 
from  eighteen  hundred  and  forty-two  to  eighteen  hun- 
dred and  fifty-eight,  inclusive ;  the  Texas  and  New  Mexico 
Indian  war  of  eighteen  hundred  and  forty-nine  to  eight- 
een hundred  and  fifty-six;  the  California  Indian  dis- 
turbances of  eighteen  hundred  and  fifty-one  and  eighteen 
hundred  and  fifty-two;  the  Utah  Indian  disturbances  of 
eighteen  hundred  and  fifty  to  eighteen  hundred  and  fifty- 
three,  inclusive,  and  the  Oregon  and  Washington  Terri- 
tory Indian  wars  from  eighteen  hundred  and  fifty-one  to 
eighteen  hundred  and  fifty-six,  inclusive ;  and  also  to  in- 
clude the  surviving  widows  of  such  officers  and  enlisted 
Surviving  wid- men :  Provided,  That  such  widows  have  not  remarried: 

ows    who    nave  ' 

entitied'^"^"^^^  ^^^  V'^^'^^^^d  further,  That  where  there  is  no  record  of 
Record  of  pay  enlistment  or  muster  into  the  service  of  the  United  States 

accepted    in   ab-  ^  ■  ^  ^ 

sence  of  record  in  any  of  the  wars  mentioned  in  this  Act  the  record  of 

of  enlistment  or  •^ 

muster.  pay  by  the  United  States  shall  be  accepted  as  full  and  sat- 

isfactory proof  of  such  enlistment  and  service :  And  pro- 

nuiTSidvoid*^*  '^^^^^  fu'rther,  That  all  contracts  heretofore  made  between 
the  beneficiaries  under  this  Act  and  pension  attorneys  and 
claim  agents  are  hereby  declared  null  and  void.^ 

1  By  resolution  of  April  28,  1904,  33  Stat.  L.,  591,  the  military  rolls  and 
records  of  the  Indian  wars  or  any  other  wars  prior  to  the  Civil  War  were 
transferred  from  the  Interior  Department  to  the  Record  and  Pension  OflSce, 
War  Department. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  23 

That  the  provisions,  limitations,  and  benefits  of  an  Act  19^^*35  ^?Jt.  l!' 
entitled  "An  Act  granting  pensions  to  survivors  of  the^^^'^-^^^- 
Indian  wars  of  eighteen  hundred  and  thirty-two  to  eight-    Indian  wars, 
een   hundred   and   forty-two,   inclusive,   known   as  the 
Black  Hawk   war.   Creek   war,    Cherokee   disturbances, 
and  the  Seminole  war,"  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  are 
hereby,  extended  from  the  date  of  the  passage  of  this 
Act  to  the  surviving  officers  and  enlisted  men  of  the  Texas  servfce^*ta^^  ex- 
volunteers  who  served  in  the  defense  of  the  frontier  of  ^^Ji^n^eere  ^^^^ 
that  State  against  Mexican  marauders  and  Indian  depre- 
dations from  the  year  eighteen  hundred  and  fifty-five  to 
the  year  eighteen  hundred  and  sixty,  inclusive ;  and  also 
to  include  the  surviving  widows  of  such  of  said  officers    widows, 
and  enlisted  men :  Provided^  That  such  widows  have  not    Proviso, 
remarried:  Provided  further^  That  where  there  is  no    Restriction, 
record  of  enlistment  or  muster  into  the  service  of  the    Proof- 
United  States  in  the  service  mentioned  in  this  Act  the 
fact  of  reimbursement  to  Texas  by  the  United  States, 
as  evidenced  by  the  muster  rolls  and  vouchers  on  file  in 
the  AVar  Department,  shall  be  accepted  as  full  and  satis- 
factory proof  of  such  enlistment  and  service:  Arid  pro- 
mded  further.  That  all  contracts  heretofore  made  be-    contracts  with 

'  '       .  attorneys,      etc., 

tween  the  beneficiaries  under  this  Act  and  pension  attor-  void, 
neys  and  claim  agents  are  hereby  declared  null  and  void. 

That  the  Commissioner  of  Pensions  be,  and  he  is  hereby,  27  sSt^L*' 429^2' 
authorized  and  directed  to  Accept  as  sufficient  proof  of  ^citizenship   in 
the  citizenship  of  an  applicant  for  pension  under  said  Jj^j^^.^^^^^^J^  ^ ' 
act  of  July  twenty-seven,  eighteen  hundred  and  ninety- 
two,  the  fact  that  such  applicant  at  the  date  of  the  appli- 
cation was  an  actual  and  bona  fide  resident  of  the  United 
States. 

Any  officer,  noncommissioned  officer,  musician  or  pri-    ^^S'^li- 
vate,  whether  of  the  Regular  Army  or  volunteers  disa-  uSre^d^iLbied 
bled  by  reason  of  injury  received  or  disease  contracted  p^^^^°®^- 
while  in  the  line  of  duty  in  actual  service  in  the  war  with  ig^'g^'sSf  if' 
Mexico,  or  in  going  to  or  returning  from  the  same,  who  ^^• 
received  an  honorable  discharge,  shall  be  entitled  to  a 
pension  proportionate  to  his  disability,  not  exceeding  for 
total  disability  half  the  pay  of  his  rank  at  the  date  at 
which  he  received  the  wound  or  contracted  the  disease 
which  resulted  in  such  disability.    But  no  pension  shall 
exceed  half  the  pay  of  a  lieutenant-colonel. 


24  ARMY  AND    NAVY   PENSIONS. 

wido^ws^' ^and  ^^  ^^^  officer  OF  other  person  referred  to  in  the  pre- 
fis*^^?  °  v^tS^  ^^^^^^  section  has  died  or  shall  hereafter  die  by  reason 
S^^^r^^^^^^^-^  ^^y  injury  received  or  disease  contracted  under  the 
21^84// 9 '  sta?  ^i^^^^^s^^n^^s  therein  set  forth,  his  widow  shall  be  en- 
Feb.^22  1849,  ^9  titled  to  receive  the  same  pension  as  the  husband  would 
iept.  28', \^85'or9 ^^^^  ^^^^  entitled  to  had  he  been  totally  disabled;  and 
3,^187^7  n^'sttt^"^  case  of  her  death  or  remarriage,  the  child  or  children 
L.,572.  Qf  such  officer  or  other  person  referred  to  in  the  preceding 

section,  while  under  the  age  of  sixteen  years,  shall  be  en- 
titled to  receive  the  pension.    But  the  rate  of  pension  pre- 
scribed by  this  and  the  preceding  section  shall  be  varied 
after  the  twenty-fifth  day  of  July,  eighteen  hundred  and 
sixty-six,  in  accordance  with  the  provisions  of  section 
four  thousand  seven  hundred  and  twelve  of  this  Title. 
i8^^^24  stet.  S',     That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
371,  c.  70,  sec.  1.    authorized  and  directed  to  place  on  the  pension-roll  the 
Mexican    War  names  of  the  surviviuff  officers  and  enlisted  men,  includ- 

survivors    pen-.  .  .,..  ,  »,  .,. 

stoned.  mg  marmes,  militia,  and  volunteers,  or  the  military  and 

naval  services  of  the  United  States,  who  being  duly  en- 

Sixty  days'  listed,  actually  served  sixty  days  with  the  Army  or  Navy 

service  requisite.  '  *^  . 

of  the  United  States  in  Mexico,  or  on  the  coasts  or  fron- 
tier thereof  or  en  route  thereto,  in  the  war  with  that  na- 
tion, or  were  actually  engaged  in  a  battle  in  said  war, 
and  were  honorably  discharged,  and  to  such  other  officers 
and  soldiers  and  sailors  as  may  have  been  personally 
named  in  any  resolution  of  Congress  for  any  specific 
service  in  said  war,  and  the  surviving  widow  of  such 
Widows' title,  officers  and  enlisted  men:  Provided,  That  such  widows 
Survivors     or have  uot  remarried:  Provided.  That  every  such  officer, 

their  widows,  62  .  .  ,        .  . 

years  of  age,  d^-  enlisted  man,  or  widow  who  IS  or  may  become  sixty-two 

abled  or  depend-  '  .  "^  *' 

ent, entitled.  years  of  age,  or  who  IS  or  may  become  subject  to  any 
disability  or  dependency  equivalent  to  some  cause  pre- 
scribed or  recognized  by  the  pension  laws  of  the  United 
States  as  a  sufficient  reason  for  the  allowance  of  a  pen- 
inhibition.  s\on,  shall  be  entitled  to  the  benefits  of  this  act;  but  it 
shall  not  be  held  to  include  any  person  not  within  the 
rule  of  age  or  disability  or  dependence  herein  defined,  or 
who  incurred  such  disability  while  in  any  manner  vol- 
untarily engaged  in  or  aiding  or  abetting  the  late  rebel- 
lion against  the  authority  of  the  United  States. 
Sec.  2,  id.  That  pensions  under  section  one  of  this  act  shall  be 

sionf     °       °  at  the  rate  of  eight  dollars  per  month  ^  and  payable  only 

1  Rate  of  pension  to  widows  increased  to  $12  per  month  by  sec.  1,  act 
Apr.  19,  1908  (35  Stat.  L.,  64,  c.  147).     See  p.  65. 

Rate  of  survivors  increased  by  act  Jan.  5,  1893,  act  Apr.  23,  1000,  and 
act  Mar.  3,  1903,  all  post.     See  also  act  F»b.  6,  1907,  poat,  p.  27. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  25 


from  and  after  the  passage  of  this  act,  for  and  during  i^uration. 
the  natural  lives  of  the  persons  entitled  thereto,  or  during 
the  continuance  of  the  disability  for  which  the  same  shall 
be  granted :  Provided^  That  section  one  of  this  act  shall 
not  apply  to  any  person  who  is  receiving  a  pension  at  the 
rate  of  eight  dollars  per  month  or  more,  nor  to  any  per- 
son receiving  a  pension  of  less  than  eight  dollars  per 
month,  except  for  the  difference  between  the  pension  now 
received  (if  less  than  eight  dollars  per  month)  and  eight 
dollars  per  month. 

That  before  the  name  of  any  person  shall  be  placed    ^jes'^ndre  u- 
on  the  pension-roll  under  this  Act,  proof  shall  be  made,  ^Jionjto  bepre- 
under  such  rules  and  regulations  as  the  Secretary  of  the  ^^of  ^'^  °'  ^" 
Interior  may  prescribe,  of  the  right  of  the   applicant 
to  a  pension;  and  any  person  who  shall  falsely  and  cor- 
ruptly take  any  oath  required  under  this  act  shall  be  ^^ajg^oath  to 
deemed  guilty  of  perjury;  and  the  Secretary  of  the  Inte-J"'^. 
rior  shall  cause  to  be  stricken  from  the  pension-roll  the 
name  of  any  person  whenever  it  shall  be  made  to  appear 
by  proof  satisfactory  to  him  that  such  name  was  put 
upon  such  roll  through  false  and  fraudulent  representa- 
tions, and  that  such  person  is  not  entitled  to  a  pension 
under  this  act.     The  loss  of  the  certificate  of  discharge  ^j^g   °}   ^' 
shall  not  deprive  any  person  of  the  benefits  of  this  act,<'^"ee. 
but  other  record  evidence  of  enlistment  and  service  and 
of   an   honorable   discharge  may  be   deemed   sufficient: 
Provided^  That  when  any  person  has  been  granted  aggJ^T^^^^k  dis- 
land-warrant,  under  any  act  of  Congress,  for  and  on^^^'"^- 
account  of  service  in  the  said  war  with  Mexico,  such 
grant  shall  be  prima  facie  evidence  of  his  service  and 
honorable  discharge ;  but  such  evidence  shall  not  be  con- 
clusive, and  may  be  rebutted  by  evidence  that  such  land- 
warrant  was  improperly  granted. 

That  the  pension  laws  now  in  force  which  are  not    fjws'not  in- 
inconsistent  or  in  conflict  with  this  act  are  hereby  made  £,^^^f|;JJ  "^^^® 
a  part  of  this  act,  so  far  as  they  may  be  applicable 
thereto. 

Tliat  section  forty-seven  hundred  and  sixteen  of  the  il^iion  4V16  re- 
Revised  Statutes  is  hereby  repealed  so  far  as  the  same  J^^^^^g^**  '^''  ^^ 
relates  to  this  act  or  to  pensioners  under  this  act. 

That  the  provisions  of  this  act  shall  not  apply  to  any    l^i-t^^af  disa- 
person  while  under  the  political  disabilities  imposed  by  ^"^*y;g^jg^     , 
tlie   fourteenth   amendment   to  the   constitution   of   the^^^"^®^'^^^- 
United  States. 


26  ARMY   AND   NAVY   PENSIONS. 

u^s^TIf^'  ^'^^'     ^^  person  shall  be  a  Senator  or  Kepresentative  in  Con- 

bimies^c^Lteli?^'  g^ess,  or  elector  of  President  and  Vice  President,  or  hold 

any  office,  civil  or  military,  under  the  United  States,  or 

under  any  State,  who,  having  previously  taken  an  oath, 

as  a  member  of  Congress,  or  as  an  officer  of  the  United 

States,  or  as  a  member  of  any  State  legislature,  or  as  an 

executive  or  judicial  officer  of  any  State,  to  support  the 

Constitution  of  the  United  States,  shall  have  engaged  in 

insurrection  or  rebellion  against  the  same,  or  given  aid 

or  comfort  to  the  enemies  thereof.     But  Congress  may 

by  a  vote  of  two-thirds  of  each  House,  remove  such 

disability. 

1898^*30  sSt  L*     That  the  disability  imposed  by  secton  three  of  the 

^^PoiitSi   disa- -^^^^^^^^^^  amendment  to  the  Constitution  of  the  United 

biiity  removed.    States  heretofore  incurred  is  hereby  removed. 

27^stat^°L '  ^413'     That  the  Secretary  of  the  Interior  be,  and  he  is  here- 
^'increase  in^^'  authorized  to  increase  the  pension  of  every  pensioner 
War  ^f  ^^^^°  ^^^  ^^  ^^^  ^^  ^^^  ^^^^^  ^^  eight  dollars  per  month  on 
account   of   services   in   the   Mexican   war    and   who   is 
wholly  disabled  for  manual  labor,  and  is  in  such  desti- 
tute circumstances  that  eight  dollars  per  month  are  in- 
sufficient to  proAdde  him  the  necessaries  of  life,  to  twelve 
dollars  per  month. 
Act  ^    L '     "T^^^  ^^^  benefits  of  the  act  entitled  "An  Act  granting 
137 'c.  251.        '  increase  of  pension  to  soldiers  of  the  Mexican  war  in 

Mexican     War  .  ^ 

survivors.  certam  cases,    approved  January  fifth,  eighteen  hundred 

Increase     of  .  ^  7       m 

Stac^^  cer-and  ninety-three,  be,  and  they  are  hereby,  extended  to 
all  survivors  of  the  Mexican  war  who  are  pensionable 
under  existing  Mexican  w^ar  service  pension  laws,  and 
who  have  become  or  may  hereafter  become  wholly  dis- 
abled for  manual  labor  and  in  such  destitute  circum- 
stances that  eight  dollars  per  month  are  insufficient  to 
provide  them  the  necessaries  of  life,  irrespective  of  the 
date  of  the  granting  of  the  said  service  pension. 
Act    Mar.    3,     That  the  Secretary  of  the  Interior  be,  and  he  is  here- 

1903    32  Stat.  L.  .  .  . 

1228! c.  1021.  'by,  authorized  and  directed  to  place  on  the  pension  roll, 
pension  to  all  at  the  rate  of  twelve  dollars  per  month,  all  Mexican 
vivors.  war  survivors  now  on  the  roll,  or  who  may  hereafter 

be  placed  on  the  roll,  under  the  Acts  of  January  twenty- 
ninth,  eighteen  hundred  and  eighty-seven,  March  third, 
eighteen  hundred  and  ninety-one,  and  February  fifth, 
eighteen  hundred  and  ninety-seven.^ 

lActs  Mar.    2,   1889,   July   27,    1892,   and  Mar.   1895,   relieved  certain 
persons  who  served  in  the  Mexican  War  from  the  charge  of  desertion. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  27 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  ig^if 26  stat.  h! 
authorized  and  directed  to  place  on  the  pension-roll  the  ^^Jp^^nsS     for 
names   of   all   of   the   honorably   discharged   surviving  ^^^^J^jJ,^^^" 
officers  and  enlisted  men  of  Powell's  Battalion  of  Missouri 
Mounted  Volunteers,  raised  under  the  act  of  Congress 
of  May  thirteenth,  eighteen  hundred  and  forty-six,  for 
service  during  the  war  with  Mexico;  and  the  names  of 
the  surviving  widows  of  such  officers  and  enlisted  men, 
subject  to  the  limitations  and  regulations  of  the  pension 
laws  of  the  United  States  for  pensioning  the  survivors 
of  the  war  with  Mexico. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  ig^f  29  ^1;at.  ill 
authorized  and  directed  to  place  on  the  pension  roll  the^ora^y's  bat- 
names   of   all   of   the   honorably   discharged   surviving  ^Sned.'^^^^"'^ 
officers  and  enlisted  men  of  Gray's  Battalion  of  Arkansas 
Volunteers,  raised  under  the  Act  of  Congress  of  May 
thirteenth,  eighteen  hundred  and  forty-six,  for  service 
during  the  war  with  Mexico;  and  the  names  of  surviv- 
ing widows  of  such  officers  and  enlisted  men,  subject  to 
the  limitations  and  regulations  of  the  pension  laws  of 
the  United  States  for  pensioning  the  survivors  of  the 
war  with  Mexico. 

That  any  person  who  served  ninety  days  or  more  in  19^^34  ^i  l^; 
the  military  or  naval  service  of  the  United  States  during  *^?!  ^'  ^'  ^-  \ 

^  ^     Pensions   al- 

tlie  late  civil  war  or  sixty  days  in  the  war  with  Mexico,  {owed  at  ag  oJ^2 
and  who  has  been  honorably  discharged  therefrom,  and^^^  Mexican 
who  has  reached  the  age  of  sixty-two  years  or  over,  shall, 
upon  making  proof  of  such  facts  according  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may  pro- 
vide, be  placed  upon  the  pension  roll,  and  be  entitled  to 
receive  a  pension  as  follows:  In  case  such  person  has    i^ting. 
reached  the  age  of  sixty-two  years,  twelve  dollars  per 
month ;  seventy  years,  fifteen  dollars  per  month ;  seventy- 
five  years  or  over,  twenty  dollars  per  month;  and  such 
pension  shall  commence  from  the  date  of  the  filing  of  the 
application  in  the  Bureau  of  Pensions  after  the  passage 
and  approval  of  this  Act :  Provided^  That  pensioners  who    p^'o^^^s. 

..  n  -  Present  pen- 

are  Sixty-two  years  01  age  or  over,  and  who  are  now  sioners  and  ap- 

.    .  .  1  •      •          1  ,  ,    .        plicants  entitled. 

receiving  pensions  under  existing  laws,  or  whose  claims 
are  pending  in  the  Bureau  of  Pensions,  may,  by  applica- 
tion to  the  Commissioner  of  Pensions  in  such  form  as 
he  may  prescribe,  receive  the  benefits  of  this  Act;  and 
nothing  herein  contained  shall  prevent  any  pensioner  or 
person  entitled  to  a  pension  from  prosecuting  his  claim 


28  ARMY  AND   NAVY  PENSIONS. 

and  receiving  a  pension  under  any  other  general  or  special 
sions°  prohibited!  ^^^^'  Pfovided^  That  no  person  shall  receive  a  pension 
under  any  other  law  at  the  same  time  or  for  the  same 
period  that  he  is  receiving  a  pension  under  the  pro- 
Restriction,      visions  of  this  act :  Provided  further^  That  no  person  who 
is  now  receiving  or  shall  hereafter  receive  a  greater  pen- 
sion under  any  other  general  or  special  law  than  he 
would  be  entitled  to  receive  under  the  provisions  herein 
shall  be  pensionable  under  this  Act. 
Sec.  2,  id.  That  rank  in  the  service  shall  not  be  considered  in 

Rank  in  service  .  n-t     -*  t 

not  considered,    applications  filed  hereunder. 
Sec.  3,  id.  That  uo  pcusiou  attorney,  claim  agent,  or  other  person 

titied^^o^compen-  shall  be  entitled  to  receive  any  compensation  for  services 
rendered  in  presenting  any  claim  to  the  Bureau  of  Pen- 
sions, or  securing  any  pension,  under  this  Act. 

i9OT^*34  sSt  L*'     *    *    *    And  provided  further^  That  the  benefits  of  the 
1406^  c.  2920,  part!  ^ct  of  February  sixth,  nineteen  hundred  and  seven,  en- 
act* Flb.T^i907[  titled  "An  Act  granting  pensions  to  certain  enlisted  men, 
extended  ^0  Sr- soldiers,  and  officers  who  served  in  the  civil  war  and  the 
Ssneflcfarie?   °'war  with  Mexico,"  are  hereby  extended  to  include  any 
person  who  served  the  period  of  time  therein  specified 
during  the  late  civil  war  or  in  the  war  with  Mexico 
and  who  is  now  or  may  hereafter  become  entitled  to  pen- 
sion under  the  Acts  of  June  twenty-seventh,  eighteen 
hundred  and  ninety,  February  fifteenth,  eighteen  hun- 
dred and  ninety-five,  and  the  joint  resolution  of  July 
first,  nineteen  hundred  and  two,  or  the  Acts  of  January 
twenty-ninth,  eighteen  hundred  and  eighty-seven,  March 
third,  eighteen  hundred  and  ninety-one,  and  February 
seventeenth,  eighteen  hundred  and  ninety-seven. 

HISTORICAL  DATA  AS  TO  PENSION  LEGISLATION  RELAT- 
IN<J  TO  THE  WAR  OF  THE  REVOLUTION,  THE  WAR  OF 
1812,  AND  VARIOUS  INDIAN  WARS. 

REVOLUTIONARY  WAR. 

Section  1,  act  April  10,  1806,  2  Stat.  L.,  376,  provided 
pensions  for  known  wounds  incurred  by  those  who  ren- 
dered service  in  said  war.  Section  4  of  this  act  fixed  the 
date  of  commencement  of  pension,  and  section  6  fixed 
the  rates  of  pension. 

Acts  April  25,  1812,  2  Stat.  L.,  719;  May  15,  1820,  3 
Stat.  L.,  597;  February  4,  1822,  3  Stat.  L.,  650;  and  May 
24,  1828,  4  Stat.  L.,  307,  continued  in  full  force  and  effect 
the  provisions  of  the  above-cited  act  until  May  24, 1828. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  29 

Act  March  18, 1818,  3  Stat.  L.,  410,  made  provision  for 
granting  a  service  pension  to  soldiers  and  sailors  who 
were  in  indigent  circumstances,  and  act  March  1,  1823, 
3  Stat.  L.,  783,  fixed  the  date  of  commencement  of  such 
pension. 

Act  May  15, 1828,  4  Stat.  L.,  269,  granted  a  service  pen- 
sion to  officers,  noncommissioned  officers,  and  privates 
who  enlisted  during  the  war  and  continued  in  service 
until  its  termination,  but  barred  those  from  receiving  its 
benefits  who  were  then  on  the  pension  roll.  This  limita- 
tion was  by  act  May  31,  1830,  4  Stat.  L.,  426,  removed  as 
to  officers,  and  by  act  July  14,  1832,  4  Stat.  L.,  600,  as  to 
noncommissioned  officers,  musicians,  and  privates. 

Act  June  7,  1832,  4  Stat.  L.,  529,  was  the  third  act 
passed  granting  a  service  pension  to  surviving  officers  and 
men  of  the  Army,  Navy,  and  Marine  Corps  who  served 
for  two  years,  and  who  were  not  entitled  to  pension  under 
the  act  of  May  15,  1828,  to  commence  March  4,  1831,  and 
to  continue  during  life;  and  to  those  serving  less  than 
two  years  but  not  less  than  six  months,  former  pensions, 
however,  to  be  relinquished.  This  limitation  was  re- 
moved by  act  February  19,  1833,  4  Stat.  L.,  612,  and  con- 
strued not  to  embrace  invalid  pensioners. 

Acts  July  4,  1836,  5  Stat.  L.,  128,  and  March  3,  1837, 
5  Stat.  L.,  187,  and  resolution  July  7,  1838,  5  Stat.  L., 
311,  granted  pensions  to  widows  of  certain  officers  and 
men  who  served  in  the  Army,  Navy,  and  Marine  Corps, 
as  mentioned  in  the  act  of  June  7,  1832,  but  placed  a 
limitation  as  to  date  of  marriage. 

Acts  February  2,  1848,  9  Stat.  L.,  210;  July  29,  1848, 
9  Stat.  L.,  265 ;  and  February  3,  1853,  10  Stat.  L.,  154, 
extended,  and  the  act  of  February  28,  1855,  10  Stat.  L., 
616,  removed,  this  limitation  as  regards  date  of  marriage. 

By  the  joint  resolution  of  July  1,  1848,  9  Stat.  L.,  336 
(now  sec.  4743,  R.  S.),  the  evidence  upon  which  a  pension 
was  granted  to  an  officer  or  soldier  of  the  Revolution 
in  his  lifetime  was  made  conclusive  as  to  the  service  of 
such  person  in  any  claim  for  pension  filed  by  his  widow ; 
and  upon  proof  by  her  that  she  was  married  to  such 
officer  or  soldier,  and  of  her  widowhood,  she  became 
entitled  to  have  her  name  placed  on  the  pension  roll  at 
the  same  rate  that  such  officer  or  soldier  received  during 
his  lifetime. 

By  the  act  of  April  2,  1862,  12  Stat  L.,  376  (now  sec. 
4742,  R.  S.),  no  claim  for  pension  or  increase  of  pension 


30  ARMY   AND   NAVY   PENSIONS. 

could  thereafter  be  allowed  in  the  case  of  the  widow, 
children,  or  other  descendants  of  any  person  who  served 
in  the  Revolution,  when  such  person  or  his  widow  died 
without  having  established  a  claim  for  pension. 

WAR   OF    1812. 

Section  14,  act  January  11,  1812,  2  Stat.  L.,  673;  sec- 
tion 5,  act  February  6,  1812,  2  Stat.  L.,  677;  section  1, 
act  April  16,  1816,  3  Stat.  L.,  286;  section  2,  act  August 
2,  1813,  3  Stat.  L.,  74;  and  act  April  14,  1842,  5  Stat.  L., 
437,  granted  invalid  pensions  to  officers  and  men  of  the 
Regular  Army  and  the  militia  who  were  wounded  or 
otherwise  disabled  and  to  those  warriors  of  the  Cherokee 
Nation  and  the  Southern  Indians  who  were  wounded 
during  the  War  of  1812. 

By  the  act  of  February  14,  1871,  16  Stat.  L.,  411  (now 
incorporated  in  sections  4736-4740,  R.  S.),  pensions  were 
granted  to  the  surviving  officers  and  enlisted  and  drafted 
men,  including  militia  and  volunteers,  of  the  military 
and  naval  service  of  the  United  States  who  served  60 
days  in  the  War  of  1812  and  were  honorably  discharged, 
and  to  such  other  officers  and  men,  having  less  than  60 
days'  service,  as  had  been  personally  named  in  any  reso- 
lution of  Congress  for  any  specific  service  in  that  war, 
and  the  surviving  widows  of  such  persons,  provided  they 
were  married  to  the  husbands  through  whom  pension 
is  claimed  prior  to  the  treaty  of  peace  which  terminated 
said  war. 

INDIAN  WARS  PRIOR  TO  MARCH  4,  1861. 

Section  4,  act  January  2,  1812,  2  Stat.  L.,  670,  pro- 
vided pension  for  officers  and  men  of  the  Rangers  for 
protection  of  the  frontier  of  the  United  States  who 
incurred  disabilities  by  wounds  or  otherwise  during  the 
invasion  of  any  State  or  Territory  by  any  Indian  tribe 
or  tribes. 

Section  3,  act  April  10,  1812,  2  Stat.  L.,  705,  extended 
pension  benefits  to  those  engaged  in  the  campaign  on 
the  Wabash. 

Section  4,  act  June  15,  1832,  4  Stat.  L.,  533,  provided 
for  mounted  Rangers  who  incurred  disabilities  by 
wounds  or  otherwise  in  the  Black  Hawk  War. 

Section  5,  act  May  23, 1836,  5  Stat.  L.,  33,  gave  pension 
benefits  to  the  Volunteers  wounded  while  engaged  in  the 
Creek  War. 


Chapter  III. 
INVAUD  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861. 


Sec.  4692,  R.  S.  Who  are  entitled  to  pen- 
sions. 

Sec.  4693,  R.  S.  Beneficiaries. 

Sec.  2757,  R.  S.  Revenue  cutters  to  co- 
operate   witli    Navy. 

Sec.  4741,  R,  S.  Pensions  to  oflScers,  etc., 
revenue  cutters. 

Sec.  4722,  R.  S.  Missouri  militia,  exten- 
sion of  pension  laws  for  benefit  of. 

Sec.  4723,  R.  S.  Colored  soldiers ;  "  slaves." 

Act  Aug.  3,  1861.  Medical  cadets. 

Act  Mae.  3,  1863,  Sbcs.  9,  10.  Coolss  and 
undercoolss. 

Act   Apr.    23,    1908,    Sec.    9.  Medical    Re- 

■     serve  Corps. 

Act  Jan.  21,  1903,  Secs.  4,  7,  22,  and 
Act  May  27,  1908,  Sbcs.  3,  5.  Militia 
acts. 

Joint  Resolution  May  26,  1898.  Auxiliary 
naval   force. 

Act  Mar.  3,  1891.  First  Kansas  Colored 
Volunteers. 

Act  Mar.  25,  1862.  Oflicers  and  men,  west- 
ern department  or  department  of  Mis- 
souri. 

Act  Mar.  3,  1881.  Citizens  engaged  in 
operations  against  Nez  Perc6  Indians. 

Act  June  8,  1864.  Second  Regiment,  Third 
Brigade,  Ohio  Volunteer  Militia. 

Act  Dec.  19,  1902.  First  Ohio  Light  Artil- 
lery. 

Act  Mar.  1,  1869.  Bryson's  company  of 
mounted  volunteers. 

Act  July  14,  1870.  Beaty's  independent 
scouts. 

Act  Aug.  5,  1892.  Pensions  to  Army  nurses. 

Sec.  4694,  R.  S.  Limitation,  disabilities  in- 
curred since  July  27,   1868. 

Sec.    4700.  Sick    leave,    etc.,    line    of   duty. 

Sec.  4695,  R.  S.  Rate  acording  to  rank. 

Act  Mar.  3,  1877.  Relative  rank  in  the 
Navy. 

Act  June  18,  1878.  Relative  rank  in  the 
Navy. 

Sec.  4696,  R.  S.  Rate  dependent  on  rank 
when  disability  originated. 

Act  Feb.  24,  1897.  Rate  of  pension  In  case 
of  remuster. 

Act  June  27,  1890.  Service  pension 
granted. 

Act  May  9,  1900.  Provisions  of  act  June 
27,   1890,   amended. 


Joint  Resolution  Feb.  15,  1895.  Provi- 
sions of  act  June  27,  1890,  extended  to 
Missouri  Militia. 

Act  Mar.  6,  1896.  Commencement  of  pen- 
sions in  rejected  claims. 

Act  Feb.  6,  1907.  Pensions  granted  to  cer- 
tain persons  who  served  in  Mexican  or 
civil    war. 

Act  Mar.  4,  1907,  part.  Extending  pro- 
visions of  act  Feb.  6,  1907. 

Act  Mar.  4,  1907,  part.  Age  made  a  spe- 
cific disability. 

Sec.  4697,  R.  S.  Rate  for  specific  disabili- 
ties prior  to  June  4,  1872. 

Sec.  4698,  R.  S.  Rate  for  permanent  spe- 
cific disabilities  since  June  4,  1872. 

Act  June  18,  1874.  Increase  for  total  dis- 
ability from  certain  causes. 

Act  June  16,  1880.  Rate  for  total  help- 
lessness in  cases  granted  under  act  June 
18,  1874,   increased. 

Act  June  17,  1878.  Increase  for  loss  of 
both  hands,  both  feet,  or  sight  of  both 
eyes. 

Act  Mar.  3,  1879.  Increase  for  total  blind- 
ness. 

Act  Apr.  8,  1904.  Increase  for  total  blind- 
ness. 

Act  Feb.  12,  1889.  Increase  for  loss  of 
both   hands. 

Act  Feb.  28,  1877.  Increase  for  loss  of  one 
hand  and  one  foot,  or  permanent  dis- 
ability in  both. 

Act  June  18,  1874.  Increase  for  loss  of 
arm  at  or  above  elbow,  or  leg  at  or  above 
knee. 

Act  Mar.  3,  1883.  Increase  for  loss  of  one 
hand  or  one  foot,  or  equivalent  inca- 
pacity ;  and  loss  of  arm  above  elbow  or 
leg  above  knee ;  or  total  incapacity  for 
manual  labor. 

Act  Mar.  3,  1879.  Increase  for  amputation 
of  leg  at  hip  joint. 

Act  Mar.  3,  1885.  Increase  for  loss  of  arm 
at  shoulder  joint. 

Act  Aug.  4,  1886.  Increase  for  loss  of  one 
hand  or  one  foot,  etc. 

Act  Mar.  2,  1903,  Increase  for  loss  of 
limbs  or  total  disability  in  the  same. 

Act  Aug.  27,  1888.  Increase  for  deafness. 

Act  Jan.  15,  1903.  Increase  for  total  deaf- 


32 


ARMY  AND   NAVY  PENSIONS. 


Act  Mar.  4,  1890.  Total  helplessness ;  regu- 
lar aid  and  attendance. 

Act  July  14,  1892.  Frequent  and  periodic 
attendance. 

Sec.  4698i,  R.  S.  Commencement  of  in- 
crease of  pension  for  disabilities  not  per- 
manent and   specific. 

Sec.  4699,  R.  S.  Division  of  $18  rate. 

Act  Mab.  2,  1895.  Minimum  rate  of  $6  per 
month  established ;  not  retroactive. 


Act  Jan.  25,  1879.  Arrears  of  pension ; 
commencement  of  pension,  etc. 

Act  Mar.  3,  1879,  Sec.  1.  Arrears  of  pen- 
sion,  etc. 

Act  Mar.  3,  1879,  Secs.  2  and  3.  Limita- 
tion as  to  date  of  filing  and  commence- 
ment of  pension,  etc. 

Act  Mar.  3,  1885.  Soundness  of  soldier  or 
sailor  at  enlistment  to  be  presumed. 


who^re  ^nti-     ^^^ery  person  specified  in  the  several  classes  enumerated 
^^^^^TmST^s  "^  ^^®  following  section,  who  has  been,  since  the  fourth 
566^'^^?*j^y^^^.^^  ^^  March,  eighteen  hundred  and  sixty-one,  or  who  is 
l'  5^^'  ^^  ^^^  hereafter  disabled  under  the  conditions  therein  stated, 
shall,  upon  making  due  proof  of  the  fact,  according  to 
such  forms  and  regulations  as  are  or  may  be  provided  in 
pursuance  of  law,  be  placed  on  the  list  of  invalid  pension- 
ers of  the  United  States,  and  be  entitled  to  receive,  for  a 
total  disability,  or  a  permanent  specific  disability,  such 
pension  as  is  hereinafter  provided  in  such  cases;  and  for 
an  inferior  disability,  except  in  cases  of  permanent  spe- 
cific disability,  for  which  the  rate  of  pension  is  expressly 
provided,  an  amount  proportionate  to  that  provided  for 
Duration  of  total   disability;    and   such   pension  shall  commence   as 
hereinafter  provided  and  continue  during  the  existence 
of  the  disability. 

The  persons  entitled  as  beneficiaries  under  the  preced- 
Sfon  ^^^^"^^  iTig  section  are  as  follows : 

i87r*i7^'sterL '  First.  Any  officer  of  the  Army,  including  regulars,  vol- 
^'im  1^2  staT  ^^^^^^^^^'  ^^^  militia,  or  any  officer  in  the  Navy  or  Marine 
L.,566.  Corps^  or  any  enlisted  man,  however  employed,  in  the 

lariymustered^or military  or  uaval  service  of  the  United  States,  or  in  its 
"°s^.  11,  July  4,  Marine  Corps,  whether  regularly  mustered  or  not,  dis- 
388^sec^  1^  Mar^3|  abled  by  reason  of  any  wound  or  injury  received,  or  dis- 
566?'^.^i?^'jiy  ease  contracted,  while  in  the  service  of  the  United  States 
and  in  the  line  of  duty. 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot, 
l'  6^^'  ^^  ^^*'  engineer,  sailor,  or  other  person  not  regularly  mustered, 
ierving  upon  any  gunboat  or  war-vessel  of  the  United 
States,  disabled  by  any  wound  or  injury  received,  or 
otherwise  incapacitated,  while  in  the  line  of  duty,  for  pro- 
curing his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army, 
serving  for  the  time  being  as  a  member  of  the  militia  of 
any  State,  under  orders  of  an  officer  of  the  United  States, 
or  who  volunteered  for  the  time  being  to  serve  with  any 


pension. 


Sec.  4693,  R.  S. 
Beneficiaries 


14,  1862,  12  Stat 
L.,566. 

Masters 

Resolution  July 


Sec.  1,  Mar.  3, 
1873,  17  Stat.  L., 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       33 

regularly  organized  military  or  naval  force  of  the  United  i8S*i3^'s£?V' 
States,  or  who  otherwise  volunteered  and  rendered  service  ^^' 
in  any  engagement  with  rebels  or  Indians,  disabled  in  con- 
sequence of  wounds  or  injury  received  in  the  line  of  duty 
in  such  temporary  service.     But  no  claim  of  a   State  jg^jii^J^iy 27, 
militiaman,  or  nonenlisted  person,  on  account  of  disa-  237. 
bility  from  wounds,  or  injury  received  in  battle  with 
rebels  or  Indians,  while  temporarily  rendering  service, 
shall  be  valid  unless  prosecuted  to  a  successful  issue  prior 
to  the  fourth  day  of  July,  eighteen  hundred  and  seventy- 
four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  dis-  ig^n^'ster'L ' 
abled  by  any  wound  or  injury  received  or  disease  con- f|^^3  I^^^^^l^' 
tracted  in  the  line  of  duty  while  actually  performing  the  ^^• 
duties  of  assistant  surgeon  or  acting  assistant  surgeon 
with  any  military  force  in  the  field,  or  in  transitu,  or  in 
hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  is^'iy^'stetf  k' 
or  enroll ing-ofRcer  disabled,  by  reason  of  any  wound  or  ^^^^^^^^Jl^' 
injury,  received  in  the  discharge  of  his  duty,  to  procure  a  ^^• 
subsistence  by  manual  labor. 

The  revenue-cutters  shall,  whenever  the  President  so    Sec.  2757,  r.  s. 

'  Revenue     cut- 

directs,  cooperate  with  the  Navy,  during  which  time  they  wiSi*the^??I*^*^ 
shall  be  under  the  direction  of  the  Secretary  of  the  Navy,  ^^^^^  |J|J-  j^' 
and  the  expenses  thereof  shall  be  defrayed  by  the  Navy  ^^  ^  ^^2' 
Department.  ^-  s. 

The  officers  and  seamen  of  the  revenue-cutters  of  the    ^nslon  t?offi- 
United  States,  who  have  been  or  may  be  wounded  or  dis-  Si'^revenu^TuS 
abled  in  the  discharge  of  their  duty  while  cooperating  ^^^l.^^  ^       jg 
with  the  Navy  by  order  of  the  President,  shall  be  entitled  \^^'  ^  ^^^-  ^•' 
to  be  placed  on  the  Navy  pension-list,  at  the  same  rate  of 
pension  and  under  the  same  regulations  and  restrictions 
as  are  provided  by  law  for  the  officers  and  seamen  of  the 
Navy. 

The  provisions  of  this  Title  are  extended  to  the  officers  ^souri'  ^fii- 
and  privates  of  the  Missouri  State  militia,  and  the  pro-  ^^^g^  g  ^^j.  3 
visional  Missouri  militia,  disabled  by  reason  of  injury  J^^^'  ^^  ^^^-  ^•' 
received  or  disease  contracted  in  the  line  of  duty  while  ^  ^f^f^jl' J^"^\y 
such  militia  was  cooperating  with  United  States  forces, ^'^^/^^^.i^and 
and  the  widow  or  children  of  any  such  person,  dying  of^J^^-  j^^^^^^' 
mjury  received  or  disease  contracted  under  the  circum- ^^^^-^'^^o- ' 
stances  herein  set  forth,  shall  be  entitled  to  the  benefits  of 
(his  Title.    But  the  pensions  on  account  of  such  militia 


34  ARMY  AND   NAVY  PENSIONS. 

menVS/pliIsion"  shall  Hot  Commence  prior  to  the  third  day  of  March,  one 
thousand  eight  hundred  and  seventy-three. 
^ifr^'d^so!-     -^^^  colored  persons  who  enlisted  in  the  Army  during 
^Sr.sfisS'i?^^^^  ^'^^  ^^  ^^^  rebellion,  and  who  are  now  prohibited 
Stat.  L.,  601.       from  receiving  bounty  and  pension  on  account  of  being 
borne  on  the  rolls  of  their  regiments  as  "  slaves,"  shall  be 
placed  on  the  same  footing,  as  to  bounty  and  pension,  as 
though  they  had  not  been  slaves  at  the  date  of  their  en- 
listment. 
1861^^2  stS"  l'     ^^^  ^^  ^^  further  enacted,  That  there  be  added  to  the 
^Med/cai^adets  "^^^^^^^  ^^^^  ^^  ^^®  Army  a  corps  of  medical  cadets, 
a^ed  to  medical  ^y hose  duty  it  shall  be  to  act  as  dressers  in  the  general 
hospitals  and  as  ambulance  attendants  in  the  field,  under 
the  direction  and  control  of  the  medical  officers  alone. 
ntSii^r^'qfaim-'^^^y  shall  havc  the  same  rank  and  pay  as  the  military 
cations,  etc.        cadcts  at  Wcst  Poiut.     Their  number  shall  be  regulated 
by  the  exigencies  of  service,  at  no  time  to  exceed  fifty. 
It  shall  be  composed  of  young  men  of  liberal  education, 
students  of  medicine,  between  the  ages  of  eighteen  and 
twentj^-three,  who  have  been  reading  medicine  for  two 
years,  and  have  attended  at  least  one  course  of  lectures  in 
a  medical  college.     They  shall  enlist  for  one  year,  and 
be  subject  to  the  rules  and  articles  of  war.     On  the  fif- 
teenth day  of  the  last  month  of  their  service,  the  near 
approach  of  their  discharge  shall  be  reported  to  the  sur- 
geon-general, in  order,  if  desired,  that  they  may  be  re- 
lieved by  another  detail  of  applicants, 
isesf  12  st?t.  K,'     ^^  ^^  ^'^  further  enacted,  That  cooks  shall  be  detailed, 
^^cook?'fS^*e^h  in  turn,  from  the  privates  of  each  company  of  troops  in 
dSed^from  thl  the  scrvice  of  the  United  States,  at  the  rate  of  one  cook 
pnvates.  ^^^  each  company  numbering  less  than  thirty  men,  and 

two  cooks  for  each  company  numbering  over  thirty  men, 
who  shall  serve  ten  days  each. 
Sec.  10,  id  And  he  it  further  enacted.  That  the  President  of  the 

Each   cook   to  ■'  '  . 

cooks *^°  "^^e'^- United  States  be,  and  he  is  hereby,  authorized  to  cause  to 
Payandration.be  enlisted,  for  cach  cook,  two  undercooks  of  African  de- 
scent, who  shall  receive  for  their  full  compensation  ten 
dollars  per  month,  and  one  ration  per  day — three  dollars 
of  said  monthly  pay  may  be  in  clothing. 
1908^*35 itet  l'     "^^^^  officers  of  the  Medical  Reserve  Corps  when  called 
^eS  Reserve  ^P^^  active  duty  in  the  service  of  the  United  States,  as 
Corps.  provided  in  section  eight  of  this  Act,  shall  be  subject  to 

the  laws,  regulations,  and  orders  for  the  government  of 
the  Regular  Army,  and  during  the  period  of  such  service 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.      35 

shall  be  entitled  to  the  pay  and  allowances  of  first  lieu- ^nSs^  ^^^  ^"°^- 

tenants  of  the  Medical  Corps  with  increase  for  length  of 

service  now  allowed  by  law,  said  increase  to  be  computed 

only  for  time  of  active  duty :  Provided^  That  no  officer    Norentitied  to 

of  the  Medical  Keserve  Corps  shall  be  entitled  to  retire- f^^i^^^J^^*'  ^*^' 

ment  or  retirement  pay,  nor  shall  he  be  entitled  to  pension 

except  for  physical  disability  incurred  in  the  line  of  duty 

while  in  active  duty :     *     *     *. 

That  whenever  the  United  States  is  invaded,  or  injg^'J^ga'stat.  £', 
danger  of  invasion  from  any  foreign  nation,  or  of  rebel- 2^;  J^^'  ^-  ^^^' 
lion   against  the   authority  of  the  Government  of  the  ^.  organiiMd^Mn j 
United  States,  or  the  President  is  unable,  with  the  other  ^°^^^^^^  °^  *°- 
forces  at  his  command,  to  execute  the  laws  of  the  Union 
in  any  part  thereof,  it  shall  be  lawful  for  the  President 
to  call  forth,  for  a  period  not  exceeding  nine  months,  such 
number  of  the  militia  of  the  State  or  of  the  States  or 
Territories  or  of  the  District  of  Columbia  as  he  may 
deem  necessary  to  repel  such  invasion,  suppress  such 
rebellion,  or  to  enable  him  to  execute  such  laws,  and  to 
issue  his  orders  for  that  purpose  to  such  officers  of  the 
militia  as  he  may  think  proper. 

That  every  officer  and  enlisted  man  of  the  militia  who  Sec.  7,  id. 
shall  be  called  forth  in  the  manner  hereinbefore  pre- service  of  the 
scribed  and  shall  be  found  fit  for  military  service  shall 
be  mustered  or  accepted  into  the  United  States  service 
by  a  duly  authorized  mustering  officer  of  the  United 
States:  Provided^  however^  That  any  officer  or  enlisted 
man  of  the  militia  who  shall  refuse  or  neglect  to  present 
himself  to  such  mustering  officer  upon  being  called  forth 
as  herein  prescribed  shall  be  subject  to  trial  by  court- 
martial,  and  shall  be  punished  as  such  court-martial  may 
direct. 

That  when  any  officer,  noncommissioned  officer,  or  pri-    sec.  22  id. 

....  .  «  ^  P  e  n  s  i  o  n  for 

vate  of  the  militia  is  disabled  by  reason  of  wounds  orwounds,etc. 
disabilities  received  or  incurred  in  the  service  of  the 
United  States  he  shall  be  entitled  to  all  the  benefits  of 
the  pension  laws  existing  at  the  time  of  his  service,  and 
in  case  such  officer,  noncommissioned  officer,  or  private 
dies  in  the  service  of  the  United  States  or  in  returning  to 
his  place  of  residence  after  being  mustered  out  of  such 
service,  or  at  any  time,  in  consequence  of  wounds  or  dis- 
abilities received  in  such  service,  his  widow  and  children, 
if  any,  shall  be  entitled  to  all  the  benefits  of  such  pension 
laws. 


36  ARMY  AND   NAVY  PENSIONS. 

194^^35 S.  L '     That  section  four  of  said  Act  as  amended  be,  and  the 
^iiiti?act^'  ^'  ^awie  is  hereby,  amended  and  reenacted  so  as  to  read  as 
follows : 
Organized  Miii-     "  Sec.  4.  That  whenever  the  United  States  is  invaded 

ri&  to  DC  c&iiGu.  lor . 

to^case  of  inva-or  in  danger  of  invasion  from  any  foreign  nation,  or  of 
rebellion  against  the  authority  of  the  Government  of  the 
United  States,  or  the  President  is  unable  with  the  regular 
forces  at  his  command  to  execute  the  laws  of  the  Union, 
it  shall  be  lawful  for  the  President  to  call  forth  such 
number  of  the  militia  of  the  State  or  of  the  States  or 
Territories  or  of  the  District  of  Columbia  as  he  may 
deem  necessary  to  repel  such  invasion,  suppress  such  re- 
bellion, or  to  enable  him  to  execute  such  laws,  and  to  issue 
his  orders  for  that  purpose,  through  the  governor  of  the 
respective  State  or  Territory,  or  through  the  command- 
ing general  of  the  militia  of  the  District  of  Columbia, 
from  which  State,  Territory,  or  District  such  troops  may 
be  called,  to  such  officers  of  the  militia  as  he  may  think 
proper." 
Sec.  5,  Id.  That  section  seven  of  said  Act  as  amended  be,  and  the 

same  is  hereby,  amended  and  reenacted  so  as  to  read  as 
follows : 
seJJiS^^f  ^he  "  ^^^*  ^*  That  every  officer  and  enlisted  man  of  the 
United  states,  militia  who  shall  be  called  forth  in  the  manner  herein- 
before prescribed,  shall  be  mustered  for  service  without 
further  enlistment,  and  without  further  medical  exam- 
ination previous  to  such  muster,  except  for  those  States 
and  Territories  which  have  not  adopted  the  standard  of 
medical  examination  prescribed  for  the  Regular  Army: 
Provided,,  however,,  That  any  officer  or  enlisted  man  of 
the  militia  who  shall  refuse  or  neglect  to  present  himself 
for  such  muster,  upon  being  called  forth  as  herein  pre- 
scribed, shall  be  subject  to  trial  by  court-martial  and  shall 
be  punished  as  such  court-martial  may  direct." 

May^i'*i898f*3o     That  a  United  States  Auxiliary  Naval  Force  is  hereby 

3?sec"i^^'  ^°*  authorized  to  be  established,  to  be  enrolled  in  such  num- 

Navy.  bers  as  the  President  may  deem  necessary,  not  exceeding 

of temporan^^auS  three  thousand  enlisted  men,  for  the  exigencies  of  the 

arynava  o'"**- pj.gggj^|.  ^^r  with  Spain,  and  to  serve  for  a  period  of  one 

year,  or  less,  and  shall  be  disbanded  by  the  President  at 

the  conclusion  of  the  war. 

sec.2,id.  That  the  chief  of  the  United  States  Auxiliary  Naval 

Force  shall  be  detailed  by  the  Secretary  of  the  Navy  from 

the  active  or  retired  list  of  the  line  officers  of  the  Navy 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       37 

not  below  the  grade  of  captain,  who  shall  receive  the 
highest  pay  of  his  grade  while  so  employed. 

That  enlistment  into  the  United  States  Auxiliary  Naval    sec.a.id. 
Force  shall  be  made  by  such  officer  or  officers  as  the  Navy  *" 

Department  may  detail  for  the  purpose,  who  shall  also 
select  from  merchant  vessels  and  other  available  sources 
such  volunteers  as  may  be  deemed  best  fitted  for  service 
as  officers  in  said  force,  and  shall  report  to  the  Secretary 
of  the  Navy,  for  his  action,  their  names  and  the  grade 
for  which  each  is  recommended. 

That  for  the  purposes  of  this  organization  the  coast    ^-^'^d. 
line  shall  be  divided  into  districts,  each  of  which  shall  coast   line   into 

Gistricts 

be  in  charge  of  an  assistant  to  the  chief  of  the  United 
States  Auxiliary  Naval  Force;  and  such  assistant  chiefs 
may  be  detailed  by  the  Secretary  of  the  Navy  from  the 
officers  of  the  active  or  retired  list  of  the  line  of  the  Navy, 
or  appointed  by  him  from  civil  life,  not  above  the  rank 
of  lieutenant-commander. 

That  the  officers  and  men  comprising  the  United  States    sec.5,id. 
Auxiliary  Naval  Force  shall  receive  the  same  pay  and    Pay. 
emoluments  as  those  holding  similar  rank  or  rate  in  the 
Regular  Navy;  and  all  matters  relating  to  the  organiza-    conformance  to 

,.  ,..,.  ,  .       j>  •  '  1    j>  Navy  regulations, 

tion,  disciphne,  and  government  or  men  m  said  force  etc. 
shall  conform  to  the  laws  and  regulations  governing  the 
United  States  Navy. 

That  the  chief  of  the  United  States  Auxiliary  Naval  sec«6,id. 
Force  or  such  officers  as  the  Navy  Department  may  detail  Mmt2!^°'^*^ 
for  such  service,  may,  with  the  consent  of  the  governor 
of  any  State,  muster  into  the  said  Force  the  whole  or  any 
part  of  the  organizations  of  the  Naval  Militia  of  any 
State  to  serve  in  said  Auxiliary  Naval  Force,  and  shall 
report  to  the  Secretary  of  the  Navy,  for  his  action,  the 
names  and  grades  for  which  commissions  in  said  United 
States  Auxiliary  Naval  Force  shall  be  issued  to  the  officers 
of  such  Naval  Militia,  and  shall  have  the  power  to  ap- 
point and  disrate  the  petty  officers  thereof. 

That  the  officers,  warrant  officers,  petty  officers,  and  en-  sec.7,id. 
listed  men  and  boys  of  the  United  States  Auxiliary  Naval  a4SSie°?o^  pay! 
Force  thus  created  shall  be  paid  from  the  appropriation 
''Pay  of  the  Navy";  and  the  sum  of  three  million  dol- 
lars, or  so  much  thereof  as  may  be  required,  is  hereby 
appropriated,  from  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  purchase  or  hire  of  vessels  _Hire,  etc.,  of 
necessary  for  the  purposes  of  this  resolution. 


38  AB.MY  AND   NAVY  PENSIONS 

1891^*26  ftat  l'     That  all  officers  of  the  First  Kansas  Colored  Volim- 
^^Fii^t^^^^sis^^®^^  ^^^  "^^'^^^  mustered  into  the  service  of  the  United 
^lored    voiun-  States  on  or  before  the  second  day  of  May,  eighteen  him- 
Date  of  muster,  (jred  and  sixty-threc,  shall  take  rank  and  be  entitled  to 
pay  from  the  date  when  they  respectively  held  and  per- 
formed the  duties  of  their  rank  in  said  regiment,  or  in 
the  companies  or  battalions  of  which  said  regiment  was 
composed,  of  a  rank  equal  to  the  rank  they  respectively 
held  when  mustered  into  the  service  of  the  United  States 
in  said  regiment. 
Sec.  2,  id.  That  Captain  Andrew  I.  Crew,  Corporal  Joseph  Tal- 

those  kiued'  at  bot,  Privates  Marion  Barber,  Samuel  Davis,  Henry  Gash. 

Island      Mound,  '  "  •>  j  i 

Mo.  Thomas  Lane,  Allen  Rhodes,  and  John  Sixkiller,  who 

were  killed  in  action  at  Island  Mound,  Missouri,  October 
twenty-eighth,  eighteen  hundred  and  sixty-two,  whilst  on 
duty  with  the  companies  and  battalions  of  which  said 
regiment  was  subsequently  composed,  shall  be  entitled 
to  the  rank,  pay,  and  emoluments  conferred  by  section 
one  of  this  act. 
Sec.  3,  id.  That  Privates  Edward  Curtis,  Jacob  Edwards,  Laz- 

to  wounded.  arus  Johnson,  General  Dudley,  Manuel  Dobson,  and 
Thomas  Knight,  of  said  companies  and  battalions,  who 
were  wounded  in  action  at  Island  Mound,  Missouri, 
October  twenty-eighth,  eighteen  hundred  and  sixty-two, 
but  were  not  mustered  into  the  United  States  service, 
shall  be  entitled  to  all  rights,  privileges,  and  benefits  con- 
ferred upon  wounded  or  disabled  soldiers  by  the  pro- 
visions of  the  United  States  pension  laws. 
D^du  t^*  That  in  computing  the  pay  and  allowances  to  which 

v^Y^^^^(^Y  re-  persous  may  be  entitled  under  the  provisions  of  this  act, 
any  pay  and  allowances  which  such  parties  may  have 
received  from  the  United  States  for  services  rendered 
during  the  period  of  time  included  within  the  provisions 
of  this  act,  in  any  other  grade  or  capacity,  shall  be 
deducted  from  the  amount  that  may  be  due  them  under 
the  provisions  of  this  act. 

1o;^o^^o^f ;  T^'     That  the  Secretary  of  War  be,  and  he  is  hereby,  author- 

loo/,   lii  btat.   Li.,  1  /r» 

^^pa '  to^offiJers  ^^^^  ^^^  required  to  allow  and  pay  to  the  officers,  non- 
and  men  in  the  commissioned  officcrs,  musicians,  and  privates  who  have 

Department      of  '  ... 

Mksouri^  or  of  been  heretofore  actually  employed  in  the  military  service 
of  the  United  States,  whether  mustered  into  actual  service 
or  not,  where  their  services  were  accepted  and  actually 
employed  by  the  generals  who  have  been  in  command 


Proviso. 


Proviso. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.      39 

of  the  department  of  the  West,  or  the  department  of  the 
Missouri,  the  pay  and  bounty  as  in  cases  of  regular  en- 
listment. 

That  the  officers,  noncommissioned  officers,  musicians,  fusions. 
and  privates  so  employed,  who  may  have  been  wounded 
or  incapacitated  for  service,  shall  be  entitled  to  and  re- 
ceive the  pension  allowed  for  such  disability:  Provided^ 
That  the  length  and  character  of  their  enlistment  and 
service  be  such  as  to  entitle  them  under  existing  laws 
to  such  pension. 

That  the  heirs  of  those  killed  in  battle,  or  of  those    iSrs'  of  those 

1  1  T1J!  1  •        1        ^  '1  •      killed,     etc.,     to 

who  may  have  died  irom  wounds  received  while  so  in  have  tounty  and 
service,  shall  be  entitled  to  receive  the  bounty  and  pay^^^' 
to  which  they  would  have  been  entitled  had  they  been 
regularly  mustered  into  service:  Provided,  That  the 
bounty  and  pay  referred  to  in  this  act  shall  not  be  pay- 
able unless  their  term  of  enlistment  and  service  be  of 
such  duration  as  to  entitle  them  to  receive  the  same, 
according  to  existing  laws. 

That   each   volunteer  who  ioined  the   forces   of   the  issi,  21  stat.  l.| 

641  c.  162  sec.  1. 

United  States,  in  the  Territory  of  Montana,  during  the    Nez  Perc6  in- 
war  with  the  Nez  Perce  Indians,  shall  be  paid  one  dollar  tana  citizens 

1  i«ii,  I.  1  •/.  1.         serving    In,    af- 

per  day  during  the  term  of  such  service,  from  the  time  forded  reuef. 
that  he  left  his  home  until  he  was  returned  thereto,  in- 
cluding all  the  time  spent  in  hospital  under  treatment 
by  such  as  received  wounds  or  other  injuries  in  such 
service. 

That  all   persons  who  were  wounded  or  disabled  in    ^^£     ^r 
such  service,  and  the  heirs  of  all  who  were  killed  in  such  ordlabird"™^^^ 
service,  shall  be  entitled  to  all  the  benefits  of  the  pension 
laws,  in  the  same  manner  and  to  the  same  extent  as  if 
they  had  been  duly  mustered  into  the  regular  or  volun- 
teer forces  of  the  United  States. 

That  the  second  regiment,   third  brigade,  Ohio  vol- 13^4^13  Jjjf  ^ 
unteer  militia,  mustered  into  the  service  of  the  United  ^^p^yment  of 
States  at  Cincinnati,  Ohio,  on  the  fourth  day  of  Septem- ^tSt!  Third  m". 
her,   eighteen   hundred    and   sixty -two,   notwithstanding  g^^j|;^^^°^°^"^' 
irregularity  may  have  occurred  in  the  manner  of  their 
mustering  into  the  service  of  the  United  States,  be  paid 
for  the  time  the  officers  and  men  were  in  the  service, 
respectively,  after  being  so  mustered,  not,  however,  to 
exceed  the  period  of  thirty  days. 


40  ARMY  AND   NAVY  PENSIONS. 

19^*^32^1  i!'     That  the  officers  and  enlisted  men  of  the  First  Regi- 
^^I'ta/bhio  Vol- ^^^^  Ohio  Volunteer  Light   Artillery    (three  months' 
{l^j^^^^g^^^^- service),  furnished  by  the  State  of  Ohio,  under  the  call 
JJ^|^^^*°®of  the  President  of  the  United  States,  issued  on  the  fif- 
teenth day  of  April,  eighteen  hundred  and  sixty-one,  and 
which  rendered  actual  military  service  under  the  com- 
mand of  officers  of  the  United  States  and  in  cooperation 
with   the   regularly   organized   military   forces    of   the 
United  States,  shall  be  held  and  considered  to  have  been 
in  the  military  service  of  and  to  have  formed  a  part  of 
the  military  establishment  of  the  United  States  during 
the  period  for  which  said  organization  was  enlisted  and 
was  in  active  service,  and  that  the  Secretary  of  War  be, 
and  he  hereby  is,  authorized  and  directed  to  issue  certifi- 
cates of  discharge,  upon  due  application  and  satisfactory 
proof  of  identity,  for  all  honorably  discharged  members 
^°pay  etc      ^^  ^^^  ^^^^  Organization :  Provided^  That  no  pay,  bounty, 
or  other  emoluments  shall  become  due  or  payable  by 
virtue  of  the  passage  of  this  Act. 

jg-^cuiani,i869,  That  the  company  of  mounted  volunteers  raised  and 
^*p4  ment  of  ^^"^^^^^^^  ^J  Captain  Goldman  Bryson,  of  Cherokee 
sly^n's^^^'S^^^^^^y'  State  of  North  Carolina,  under  authority  of 
vStiS°"^^^-^^^i^^"^^^^^^^  Rosecrans,  and  received  into  the  service 
of  the  United  States  by  Major-General  Burnside,  Septem- 
ber twenty-ninth,  eighteen  hundred  and  sixty-three,  and 
such  men  as  were  accepted  into  the  service  of  the  United 
States  by  the  said  Captain  Goldman  Bryson  within  one 
month  thereafter,  and  the  widows,  heirs,  and  legal  repre- 
sentatives of  the  officers  and  enlisted  men,  shall  be  entitled 
to  pay,  bounty,  pension,  and  allowances  according  to 
their  grade  and  time  of  service  as  other  volunteers  in  the 
service  of  the  United  States,  notwithstanding  any  infor- 
mality in  their  muster  or  enlistment  into  the  service  of 
the  United  States,  under  such  rules  and  regulations  as 
may  be  adopted  by  the  proper  accounting  officer  of  the 
treasury. 

i8TO*i6'stat.  l'  Whereas  David  Beaty,  of  Fentress  county,  Tennessee, 
^i4Sie  *  ^^^'  ^^  *^^  twenty-fifth  day  .of  January,  eighteen  hundred 
and  sixty-two,  organize  a  company  of  independent  scouts, 
numbering  one  hundred  and  two  men,  including  himself 
as  captain  and  his  first  and  second  lieutenants;  and 
whereas  said  company  was  on  continuous  duty  engaged 
in  the  work  of  suppressing  the  rebellion  from  the  date  of 
its  organization  until  the  first  day  of  June,  eighteen  hun- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       41 

dred  and  sixty-five,  serving  under  the  orders  of  the  com- 
mander of  the  army  in  Tennessee;  and  whereas  said 
company  was  never  legally  mustered  into  the  service  of 
the  United  States  by  any  properly  authorized  mustering 
officer,  and  neither  officers  nor  privates  of  said  company 
have  ever  received  any  compensation  for  said  services 
from  the  government  of  the  United  States :  Therefore, 

Be  it  enacUd^  etc.^  That  the  organization  set  forth  in  BSy^sc?mpIiy 
the  foregoing  preamble  be,  and  the  same  is  hereby,  recog-  ^out?r^pdSd 
nized  as  a  part  of  the  military  force  of  the  United  States  ^a?yl)?^^of'the 
engaged  in  suppressing  the  recent  rebellion,  and  the  mem-  ^§tJ| members 
bers  thereof,  on  making  proof  of  actual  service,  are  de- |^tjtied^^to^  pay 
clared  to  be  entitled  to  the  same  pay,  pensions,  as  though 
they  had  been  regularly  mustered  into  the  service  of  the 
United  States  as  cavalry :  Pro  vided^  That  there  shall  be    Provisos, 
filed  in  the  War  Department  a  roll  of  said  company, 
which  shall  be  sworn  to  by  the  captain  and  two  lieuten- 
ants of  said  company:  And  provided^  further^  That  each 
soldier,  upon  applying  for  payment  under  this  act,  shall 
be  required  to  make  oath  as  to  the  length  of  his  service 
in  said  company. 

That  all  women  employed  by  the  Surgeon  General  of  ig^^V  stet.  l^ 
the  Army  as  nurses,  under  contract  or  otherwise,  during  ^^jj^^^g^i^^^^*  J; 
the  late  war  of  the  rebellion,  or  who  were  employed  as  ^rmy  curses. 
nurses  during  such  period  by  authority  which  is  recog- 
nized by  the  War  Department,  and  who  rendered  actual 
service  as  nurses  in  attendance  upon  the  sick  or  wounded 
in  any  regimental,  post,  camp,  or  general  hospital  of  the 
armies  of  the  United  States  for  a  period  of  six  months  or  ice^®^°^  °^  ^^" 
more,  and  who  were  honorably  relieved  from  such  service, 
and  who  are  now  or  may  hereafter  be  unable  to  earn  a 
support,  shall,  upon  making  due  proof  of  the  fact  accord- 
ing to  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  provide,  be  placed  upon  the  list  of  pension- 
ers of  the  United  States  and  be  entitled  to  receive  a  pen-  pe^moSth.*"*  *^^ 
sion  of  twelve  dollars  per  month,  and  such  pension  shall 
commence  from  the  date  of  filing  of  the  application  in 
the  Pension  Office  after  the  passage  of  this  act :  Provided^  on?y  ^  Fo?°llme 
That  no  person  shall  receive  more  than  one  pension  for^^''^^^- 
the  same  period. 

That  no  fee,  compensation,  or  allowance  shall  be  paid    sec.2,id. 

^  ^  Nofeesorcom- 

to,  received,  or  accepted  by  any  agent,  attorney,  or  other  P^g**^°^  *°  **" 
person  instrumental  in  the  prosecution  of  any  claim  for 
pension  under  this  act;  and  any  person  who  may  make 


42  ARMY  AND  NAVY  PENSIONS. 


Penalty. 


any  claim  upon  any  applicant  for  any  fee,  compensation, 
or  allowance  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisoned  at  hard  labor  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court ;  and  it  shall  be  the 
duty  of  the  Interior  and  War  Departments  to  render  all 
proper  aid  to  applicants  under  this  act. 

Sec.  4694,  R.  s.     No  pcrsou  sliall  be  entitled  to  a  pension  by  reason  of 

Limitation    in  ,  ..  .        ^  -,.  ij.i«.i 

cases  of  disability  wounds  or  lujury  rcccived  or  disease  contracted  m  the 
July  27, 1868.  scrvicc  of  the  United  States  subsequent  to  the  twenty- 
1873, 17  Stat.  L.' seventh  day  of  July,  eighteen  hundred  and  sixty-eiffht, 

567;  sec.  2,  Jnly        .  ..  u  A    A  .     .  i  ^      ' 

27,1868, 15  Stat,  unless  the  person  who  was  wounded,  or  injured,  or  con- 
'     ■  tracted  the  disease  was  in  the  line  of  duty;  and,  if  in 

the  military  service,  was  at  the  time  actually  in  the  field, 
or  on  the  march,  or  at  some  post,  fort,  or  garrison,  or  en 
route,  by  direction  of  competent  authority,  to  some  post, 
fort,  or  garrison;  or,  if  in  the  naval  service,  was  at  the 
time  borne  on  the  books  of  some  ship  or  other  vessel  of 
the  United  States,  at  sea  or  in  harbor,  actually  in  com- 
mission, or  was  at  some  naval  station,  or  on  his  way,  by 
direction  of  competent  authority,  to  the  United  States, 
or  to  some  other  vessel  or  naval  station,  or  hospital. 
Sec.  4700,  R.  s     Officers  absent  on  sick-leave,  and  enlisted  men  absent 
furiougiT^^  vete-  ou  sick-f urlough,  or  on  veteran-furlough  with  the  organi- 
Sduty.°"^  '  "^^zation  to  which  they  belong,  shall  be  regarded  in  the 
1873, 17 'stat.  "l.^  administration  of  the  pension-laws  in  the  same  manner 

569; sec. 8, June 6,         'j»  .i  •      ±i.      n   i  ^  i  •>    i 

1866, 14  Stat.  L.,  as  II  they  were  in  the  held  or  hospital. 

Sec.  4695,  R.s.  The  pcusiou  for  total  disability  shall  be  as  follows, 
prescribe^^^f  o?  namely :  For  lieutenant-colonel  and  all  officers  of  higher 
*^'^sec.^2rMar!''3;  I'ank  in  the  military  service  and  in  the  Marine  Corps, 
567?seai?ju\v h' arid  fc)r  captain,  and  all  officers  of  higher  rank,  com- 
1862, 12  Stat.  L.,  j^audcr,  surgeon,  paymaster,  and  chief  engineer,  respec- 
i8^2¥stet?L^i  tively  ranking  with  commander  by  law,  lieutenant  com- 
*^^'  manding  and  master  commanding,  in  the  naval  service, 

thirty  dollars  per  month;  for  major  in  the  military  serv- 
ice and  in  the  Marine  Corps,  and  lieutenant,  surgeon, 
paymaster,  and  chief  engineer,  respectively  ranking  with 
lieutenant  by  law,  and  passed  assistant  surgeon  in  the 
Enrolling  offi-  naval  service,  twenty- five  dollars  per  month ;  for  captain 
deputy    provost  in  the  military  service  and  in  the  Marine  Corps,  chaplain 
Sec.  1,"  July  25,  in  the  Armv,  and  provost-marshal,  professor  of  mathe- 

1866,  14  Stat.  L.,  \       -,  '   ^       J.  •    X       X  J. 

230.  matics,  master,^  assistant  surgeon,  assistant  paymaster, 

lAct  Mar.  3,  1883,  22  Stat.  L.,  472,  changes  title  of  master  to  lieutenant 
and  provides  that  masters  now  on  the  list  shall  constitute  a  junior  grade 
of  lieutenants. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       43 

and  chaplain  in  the  naval  service,  twenty  dollars  per 
month;  for  first  lieutenant  in  the  military  service  smd^^^^^^^  sur- 
in  the  Marine  Corps,  acting  assistant  or  contract  sur- jgg^-^g^'gMa'-.^s, 
geon,  and  deputy  provost-marshal,  seventeen  dollars  per*^^. 
month ;  for  second  lieutenant  in  the  military  service  and 
in  the  Marine  Corps,  first  assistant  engineer,  ensign,  and 
pilot  in  the  naval  service,  and  enrolling  officer,  fifteen 
dollars  per  month;  for  cadet-midshipman,  passed  mid- 
shipman, midshipmen,^  clerks  of  admirals  and  paymas- 
ters and  of  other  officers  commanding  vessels,  second  and 
third  assistant  engineer,  master's  mate,  and  all  warrant- 
officers  in  the  naval  service,  ten  dollars  per  month;  and 
for  all  other  persons  whose  rank  or  office  is  not  men- 
tioned in  this  section,  eight  dollars  per  month;  and  the 
masters,  pilots,  engineers,  sailors,  and  crews  upon  the 
gunboats  and  war-vessels  shall  be  entitled  to  receive  the 
pension  allowed  herein  to  those  of  like  rank  in  the  naval 
service. 

That  from  and  after  the  passage  of  this  act,  the  pension  .Q^lJ^f^^T^'^^nl' 
for  total  disability  of  passed  assistant  engineers,  assistant c  121. 


engineers,  and  cadet  engineers  in  the  naval  service,  re-ant   engineers, 

.,,,,,         ^  .  cadet  engineers. 

spectively,  shall  be  the  same  as  the  pensions  allowed  to  ^^ see  sec.  4595, 
officers  of  the  line  in  the  naval  service  with  whom  they 
have  relative  rank ;  and  that  all  acts  or  parts  of  acts  in- 
consistent herewith  be,  and  are  hereby,  repealed.^ 

That  from  and  after  July  sixteenth,  eighteen  hundred  ^A^Kn'^^1^%  t^' 
and  sixty-two,  pensions  granted  to  lieutenant-command- i^e.  c  m 

,  oG©   xv«   o>y  S6C* 

ers  in  the  ^Navy  for  disability,  or  on  account  of  their  ^^Qs. 

*^  "^ '  Lieutenant 

death,  shall  be  the  same  as  theretofore  provided  for  lieu-  coimnanders    in 
tenants-commanding. 

Every  commissioned  officer  of  the  Army,  Navy,  or    sec.4696,R.s. 

•\r      '         r>i  in  •  i  i         i  i  •  Rate  of  pension 

Marine  Corps  shall  receive  such  and  only  such  pension  as  shall  be  according 
is  provided  in  the  preceding  section,  for  the  rank  he  held  time  disability 

w&s  Contracted 

at  the  time  he  received  the  injury  or  contracted  the  dis-    sec.  2,  Man's, 
ease  which  resulted  in  the  disability,  on  account  of  which  566.' 

1  1  x-^i     1  J.  •  1  •      •  See  sec.  1,  July 

he  may  be  entitled  to  a  pension ;  and  any  commission  or  14, 1862, 12  stat. 
presidential  appointment,  refiiilarly  issued  to  such  person,  commission  de- 

1     n   1       .    1  .        -.    ,  •         1  •  t      ^  -.       «.  ,    'termines    ranlc 

shall  be  taken  to  determine  his  rank  from  and  after  the  from  and  after 

,  .  •      ii       1      1         /.  ,  1  .      .  .    ,    date  given  in  the 

date,  as  given  in  the  body  or  the  commission  or  appoint-  body  of  the  com- 
ment  conferring  said  rank:  Provided,  That  a  vacancy    Proviso, 
existed  in  the  rank  thereby  conferred ;  that  the  person  isee,  14  'stat.  l.^ 
commissioned  was  not  disabled  for  military  duty;    and 
that  he  did  not  willfully  neglect  or  refuse  to  be  mustered. 

1  Title  of  midshipman  changed  to  ensign,  and  midshipmen  now  on  the 
list  to  constitute  a  junior  grade  of  ensigns. 


44  ARMY  AND   NAVY  PENSIONS. 

18^7^*29  stat.  L.'  That  any  person  who  was  duly  appointed  or  commis- 
^^^^olimteera°*  ^*  sioned  to  be  an  officer  of  the  volunteer  service  during  the 
war  of  the  rebellion,  and  Avho  was  subject  to  the  muster- 
ing regulations  at  the  time  applied  to  members  of  the 
volunteer  service  shall  be  held  and  considered  to  have 
been  mustered  into  the  service  of  the  United  States  in 
the  grade  named  in  his  appointment  or  commission  from 
offioers  to  take  the  date  from  which  he  was  to  take  rank  under  and  by 

rank  by  verms  of  ^  «^ 

appointment.      (lie  terms  of  his  said  appointment  or  commission,  whether 

Pay, etc.         ^^^^  same  was  actually  received  by  him  or  not,  and  shall 

be  entitled  to  pay,  emoluments,  and  pension  as  if  actually 

J°i*^*!i./'"°°^ mustered  at  that  date:  Provided,  That  at  the  date  from 

actual     perform-         ^  ' 

ance  of  duties,  ^hich  he  was  to  take  rank  by  the  terms  of  his  said  ap- 
pointment or  commission  there  was  a  vacancy  to  which  he 
could  be  so  appointed  or  commissioned,  and  his  command 
had  either  been  recruited  to  the  minimum  number  re- 
quired by  law  and  the  regulations  of  the  War  Depart- 
ment, or  had  been  assigned  to  duty  in  the  field,  and  that 
he  was  actually  performing  the  duties  of  the  grade  to 
which  he  was  so  appointed  or  commissioned ;  or  if  not  so 
performing  such  duties,  then  he  shall  be  held  and  con- 
sidered to  have  been  mustered  into  service  and  to  be 
entitled  to  the  benefits  of  such  muster  from  such  time 
after  the  date  of  rank  given  in  his  commission  as  he  may 
have  actually  entered  upon  such  duties :  Provided  further, 
Prisoners  of  That  any  person  held  as  a  prisoner  of  war,  or  who  may 

war,  or  disabled.   .  ,i  ,,  n  -.  -i  • .    i  i 

have  been  absent  by  reason  or  wounds,  or  m  hospital  by 
reason  of  disability  received  in  the  service  in  the  line  of 
duty,  at  the  date  of  issue  of  his  appointment  or  commis- 
sion, if  a  vacancy  existed  for  him  in  the  grade  to  which 
so  appointed  or  commissioned^  shall  be  entitled  to  all  the 
benefits  to  which  he  would  have  been  entitled  under  this 
Act  if  he  had  been  actually  performing  the  duties  of  the 
grade  to  which  he  was  appointed  or  commissioned  at  said 

Limitation,  date :  Provided  further,  That  this  Act  shall  be  contrued 
to  apply  only  in  those  cases  where  the  commission  bears 
date  prior  to  June  twentieth,  eighteen  hundred  and  sixty- 
three,  or  after  that  date  Avhen  the  commands  of  the  per- 
sons appointed  or  commissioned  were  not  below  the  mini- 
mum number  required  by  then  existing  laws  and  i*egula- 

Deduction  of  tions:  And  provided  further,  That  the  pay  and  allow- 
pay  receive  .  ^^^^^  actually  received  for  the  period  covered  by  the 
recognition  extended  under  this  Act  shall  be  deducted 
from  the  sums  otherwise  to  be  paid  thereunder. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       45 

That  the  heirs  or  legal  representatives  of  any  person    |®fo^ance    to 
whose  muster  into  service  shall  be  recognized  and  estab-  ^®^'^- 
lished  under  the  terms  of  this  Act  shall  be  entitled  to 
receive  the  arrears  of  pay  and  emoluments  due,  and  the 
pension,  if  any,  authorized  by  law,  for  the  grade  to  which 
recognition  shall  be  so  extended. 

That  the  pay  and  allowances  of  any  rank  or  grade    sec.3,id. 

.  ,  I'll  -I-  1      «.  .         No  deductions 

paid  to  and  received  by  any  military  or  naval  omcer  m  if  services   per- 

good  faith  for  services  actually  performed  by  such  officer 

in  such  rank  or  grade  during  the  war  of  the  rebellion, 

other  than  as  directed  in  the  fourth  proviso  of  the  first 

section  of  this  Act,  shall  not  be  charged  to  or  recovered 

back  from  such  officer  because  of  any  defect  in  the  title  of 

such  officer  to  the  office,  rank,  or  grade  in  which  such 

services  were  so  actually  performed. 

That  all  acts  and  parts  of  acts  inconsistent  with  the    ^c,4,id. 
provisions  of  this  Act  be,  and  the  same  are  hereby,  re- 
pealed.^ 

That  all  persons  who  served  ninety  days  or  more  in  jg^^'tge^stet  iJ' 
the  military  or  naval  service  of  the  United  States  dur-i8?''c?34' sec  i' 

•^  ^  Invalid,     serv- 

ing the  late  war  of  the  rebellion  and  who  have  been^^^^^y^- 

honorably  discharged  therefrom,  and  who  are  now  or  j^^^^***^^'®  ^^ 
who  may  hereafter  be  suffering  from  a  mental  or  physi- 
cal disability  of  a  permanent  character,  not  the  result    See  act  May  9, 

.    .  .  .  .  .  1900   31  Stat   L 

of  their  own  vicious  habits,  which  incapacitates  themi70.'  '    '' 

from  the  performance  of  manual  labor  in  such  a  degree 

as  to  render  them  unable  to  earn  a  support,  shall,  upon 

making  due  proof  of  the  fact,  according  to  such  rules 

and  regulations  as  the  Secretary  of  the  Interior  may 

provide,  be  placed  upon  the  list  of  invalid  pensioners 

of  the  United  States,  and  be  entitled  to  receive  a  pension 

not  exceeding  twelve  dollars  per  month,  and  not  less    ^^a^. 

than  six  dollars  per  month,  proportioned  to  the  degree 

of  inability  to  earn  a  support;  and  such  pension  shall 

commence  from  the  date  of  the  filing  of  the  application  ment. 

in  the  Pension  Office,  after  the  passage  of  this  act,  upon  i896, 29  stat.  l.| 

proof  that  the  disability  then  existed,  and  shall  continue 

during  the  existence  of  the  same:  Provided,  That  per-    Election. 

sons  who  are  now  receiving  pensions  under  existing  laws, 

or  whose  claims  are  pending  in  the  Pension  Office,  may, 

1  Prior  acts  relating  to  muster,  remuster,  and  pay  of  certain  officers 
and  enlisted  men  of  the  volunteer  forces  in  the  Civil  War :  Joint  resolu- 
lution  July  26,  1866,  14  Stat.  L.,  368 ;  joint  resolution  July  11,  1870,  16 
Stat.  L.,  385  ;  act  June  3,  1884,  23  Stat.  L.,  34  ;  act  Feb.  3,  1887,  24  Stat 
L.,  377. 


46  ARMY  AND   NAVY   PENSIONS. 

by  application  to  the  Commissioner  of  Pensions,  in  such 
form  as  he  may  prescribe,  showing  themselves  entitled 
thereto,  receive  the  benefits   of  this   act;   and  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any 
pensioner  thereunder  from  prosecuting  his  claim  and 
receiving  his  pension  under  any  other  general  or  special 
act:  Provided^  however^  That  no  person  shall  receive 
more  than  one  pension  for  the  same  period:  And  pro- 
ga?d^^  ^^^^^'vided  further,  That  rank  in  the  service  shall  not  be  con- 
sidered in  applications  filed  under  this  act. 
wTdo w's  and     That  if  any  officer  or  enlisted  man  who  served  ninety 
minors.  dsijs  or  morc  in  the  Army  or  Navy  of  the  United  States 

during  the  late  war  of  the  rebellion,  and  who  was  honor- 
looTsTstat^L^  ^^^y  discharged  has  died,  or  shall  hereafter  die,  leaving 
1^°-  a  widow  without  other  means  of  support  than  her  daily 

labor,  or  minor  children  under  the  age  of  sixteen  years, 
such  widow  shall,  upon  due  proof  of  her  husband's  death, 
without  proving  his  death  to  be  the  result  of  his  Army 
service,  be  placed  on  the  pension-roll  from  the  date  of 
the  application  therefor  under  this  act,  at  the  rate  of 
eight  dollars  per  month  during  her  widowhood,  and 
shall  also  be  paid  two  dollars  per  month  for  each  child 
of  such  officer  or  enlisted  man  under  sixteen  years  of 
age,  and  in  case  of  the  death  or  remarriage  of  the  widow, 
leaving  a  child  or  children  of  such  officer  or  enlisted 
man  under  the  age  of  sixteen  years,  such  pension  shall 
be  paid  such  child  or  children  until  the  age  of  sixteen: 
jt^l^^j^iof^'.  Provided,  That  in  case  ^  minor  child  is  insane,  idiotic, 
less  children.  qj.  otherwise  permanently  helpless,  the  pension  shall  con- 
tinue during  the  life  of  said  child,  or  during  the  period 
of  such  disability,  and  this  proviso  shall  apply  to  all 
pensions  heretofore  granted  or  hereafter  to  be  granted 
under  this  or  any  former  statute,  and  such  pensions  shall 
commence  from  the  date  of  application  therefor  after 
the  passage  of  this  act:  And  provided  further,  That  said 
widow  shall  have  married  said  soldier  prior  to  the  pas 
sage  of  this  act. 
sec.4,id.^  That  no  agent,  attorney,  or  other  person  engaged  ir 

preparing,  presenting,  or  prosecuting  any  claim  undei 
the  provisions  of  this  act  shall,  directly  or  indirectly 
contract  for,  demand,  receive,  or  retain  for  such  service.' 
in  preparing,  presenting,  or  prosecuting  such  claim  i 
sum  greater  than  ten  dollars,  which  sum  shall  be  payabL 
only  upon  the  order  of  the  Commissioner  of  Pensions,  b; 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       47 

the  pension  agent  making  payment  of  the  pension  al- 
lowed, and  any  person  who  shall  violate  any  of  the  pro- 
visions of  this  section,  or  who  shall  wrongfully  withhold  ^]^^<}j°//^/^y 
from  a  pensioner  or  claimant  the  whole  or  any  part  of  a  ^^ione?.""  ^'^"'^ 
pension  or  claim  allowed  or  due  such  pensioner  or  claim- 
ant under  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall,  for  each  and 
every  such  offense,  be  fined  not  exceeding  five  hundred  p/^^^^^^  *"^- 
dollars,  or  be  imprisoned  at  hard  labor  not  exceeding  two 
years,  or  both,  in  the  discretion  of  the  court. 

That  sections  two  and  three  of  an  Act  entitled  "An  Act  siit^fj^^^j^c'. 
granting  pensions  to  soldiers  and  sailors  who  are  inca-  ^^ct  June  27, 
pacitated  for  the  performance  of  manual  labor,  and  pro-  SSi  ^  ^^  ^ 
viding  for  pensions  to  widows,  minor  children,  and  de- 
pendent parents,"  be,  and  the  same  are  hereby,  amended 
so  as  to  read  as  follows: 

"Sec.  2.  That  all  persons  who  served  ninety  days  or jjj^g^^S^^n^J^ 
more  in  the  military  or  naval  service  of  the  United  States  entitled, 
during  the  late  Avar  of  the  rebellion  and  who  have  been 
honorably  discharged  therefrom,  and  who  are  now  or  ^^^^^^^^^^^^ 
who  may  hereafter  be  suffering  from  any  mental  or^*®- 
physical  disability  or  disabilities  of  a  permanent  char- 
acter, not  the  result  of  their  own  vicious  habits,  which  so  ^  ^^"^  ^*^^^ 
incapacitates  them  from  the  performance  of  manual  labor 
as  to  render  them  unable  to  earn  a  support,  shall,  upon 
making  due  proof  of  the  fact,  according  to  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  provide, 
be  placed  upon  the  list  of  invalid  pensioners  of  the 
United  States,  and  be  entitled  to  receive  a  pension  not  ex- 
ceeding twelve  dollars  per  month  and  not  less  than  six    Rate, 
dollars  per  month,  proportioned  to  the  degree  of  inability  of  ^iS^t? *^to 
to  earn  a  support;  and  in  determining  such  inability  each  ^^^^support. 
and  every  infirmity  shall  be  duly  considered,  and  the  ag-  d i^s^fbf  1  u i e°s 
gregate  of  the  disabilities  shown  be  rated,  and  such  pen-  ^^^' 
sion  shall  commence  from  the  date  of  the  filing  of  the  ap-inSi°t™a^d°a)n- 
plication  in  the  Bureau  of  Pensions,  after  the  passage  of  slSn.^^  °  ^^' 
this  Act,  upon  proof  that  the  disability  or  disabilities  then 
existed,  and  shall  continue  during  the  existence  of  the 
same:  Provided,  That  persons  who  are  now  receiving appiSts^'^fo°r 

1  .    ..         ,  11'  T        pension  under 

pensions  under  existmg  laws,  or  whose  claims  are  pending  axis  ting  laws, 
in  the  Bureau  of  Pensions,  maj^,  by  application  to  the     '' 
Commissioner  of  Pensions,  in  such  form  as  he  may  pre- 
scribe, showing  themselves  entitled  thereto,  receive  the 
benefits  of  this  Act ;  and  nothing  herein  contained  shall  be 


48  ARMY  AND   NAVY   PENSIONS. 

SO  construed  as  to  prevent  any  pensioner  thereunder  froni 

prosecuting  his  claim  and  receiving  liis  pension  under 

on?y^  for^^e ^^^y  Other  general  or  special  Act:  Provided^  however. 

penod.  That  no  person  shall  receive  more  than  one  pension  for 

not ronddSedf^ the  Same  period:  And  provided  further^  That  rank  in 

the  service  shall  not  be  considered  in  applications  filed 

under  this  Act. 

wido^^^Mid^mi*     "  ^^^'  ^'  That  if  any  officer  or  enlisted  man  who  servec 

nora  entitled,      ninety  days  or  more  in  the  Army  or  Navy  of  the  Unitec 

States  during  the  late  war  of  the  rebellion,  and  whc 

was  honorably  discharged  has  died,  or  shall  hereafter  die 

leaving  a  widow  without  means  of  support  other  thar 

Amount  of  in- her  daily  labor,  and  an  actual  net  income  not  exceeding 

come  to  disqual-  ^7  r 

ify  widow.  two  hundred  and  fifty  dollars  per  year,  or  minor  childrer 
under  the  age  of  sixteen  years,  such  widow  shall,  upor 
due  proof  of  her  husband's  death,  without  proving  hit 
death  to  be  the  result  of  his  army  service,  be  placed  or 
the  pension  roll  from  the  date  of  the  application  therefoi 

Rate.  under  this  Act,  at  the  rate  of  eight  dollars  per  montl: 

during  her  widowhood,  and  shall  also  be  paid  two  dollar; 
per  month  for  each  child  of  such  officer  or  enlisted  mar 

Minor'stitie.  under  sixteen  years  of  age;  and  in  case  of  the  death  oi 
remarriage  of  the  widow,  leaving  a  child  or  children  o: 
such  officer  or  enlisted  man  under  the  age  of  sixteei 
years,  such  pension  shall  be  paid  such  child  or  childrei 

inrane  or  help-  until  the  age  of  sixteen :  Provided,  That  in  case  a  minoi 

lesschildren.  .  ._       .      .  ... 

child  is  insane,  idiotic,  or  otherwise  physically  or  men 
tally  helpless,  the  pension  shall  continue  during  the  lifi 
of  said  child,  or  during  the  period  of  such  disability 
and  this  proviso  shall  apply  to  all  pensions  heretofoD 
granted  or  hereafter  to  be  granted  under  this  or  an;' 
Commence- former  statute;  and  such  pensions  shall  commence  fron 

mentoipen-  '  _        ^  ^ 

sions,  the  date  of  application  therefor  after  the  passage  of  thi; 

to  ttoe  of^M^Act:  And  provided  further^  That  said  widow  shall  hav( 

"^^^'  married  said  soldier  prior  to  the  passage  of  the  said  Ac 

of  June  twenty-seventh,  eighteen  hundred  and  ninety.' 

Feb"\*5'^95*^28     That  the  provisions  of  the  Act  of  June  twenty-seventh 

^*Puwic^^?4soiu.  ^^S^t^^i^  hundred  and  ninety,  be,  and  are  hereby,  ex 

*^Tcf  of  June  27  ^^11^6^  to  include  the  officers  and  privates  of  the  Missour 

J^4jjfP^^J^  State  Militia  and  the  Provisional  Missouri  Militia  wh( 

w%°<?ws* an*d  served  ninety  days  during  the  late  War  of  the  Rebellion 

minors.  ^^^  Were  houorably  discharged,  and  to  the  widows  anc 

minor  children  of  such  persons.     The  provisions  of  thi 

Act  shall  include  all  such  persons  now  on  the  pensioi 

rolls,  or  who  may  hereafter  apply  to  be  admitted  thereto 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       49 

That  whenever  a  claim  for  pension  under  the  Act  of  ^^^^^  ^^^  l^' 
June  twenty-seventh,  eighteen  hundred  and  ninety,  has^^^-^'P^g^^.^. 
been,  or  shall  hereafter  be,  rejected,  suspended,  or  dis- f^J*,^^g^«J^^; 
missed,  and  a  new  application  shall  have  been,  or  shall  ^^^^^^  ^^^^ 
hereafter  be,  filed,  and  a  pension  has  been,  or  shall  here- 
after be,  allowed  in  such  claim,  such  pension  shall  date 
from  the  time  of  filing  the  first  application,  provided  the    ^^o^o- 
evidence  in  the  case  shall  show  a  pensionable  disability 
to  have  existed,  or  to  exist,  at  the  time  of  filing  such  first 
application,  anything  in  any  law  or  ruling  of  the  Depart- 
ment to  the  contrary  notwithstanding. 

That  any  person  who  served  ninety  days  or  more  in  g^^J* J"®^;|^|^^ 
the  military  or  naval  service  of  the  United  States  during  *^pS*ons. 
the  late  civil  war  or  sixty  days  in  the  war  with  Mexico,  omt^^^v^c^ 
and  who  has  been  honorably  discharged  therefrom,  and^^J^^  ^®'^" 
who  has  reached  the  age  of  sixty-two  years  or  over,  shall, 
upon  making  proof  of  such  facts  according  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may 
provide,  be  placed  upon  the  pension  roll,  and  be  entitled 
to  receive  a  pension  as  follows:  In  case  such  person  has      Rating, 
reached  the  age  of  sixty-two  years,  twelve  dollars  per 
month ;  seventy  years,  fifteen  dollars  per  month ;  seventy- 
five  years  or  over,  twenty  dollars  per  month;  and  such 
pension  shall  commence  from  the  date  of  filing  of  the 
application  in  the  Bureau  of  Pensions  after  the  passage 
and  approval  of  this  Act :  Provided,  That  pensioners  who    Provisos, 
are  sixty-two  years  of  age  or  over,  and  who  are  now  re-    Present  pen- 

.    .        ^  .  ^      .  '  sioners  and  appli- 

ceiving  pensions  under  existing  laws,  or  whose  clamis  cants  entitled, 
are  pending  in  the  Bureau  of  Pensions,  may,  by  appli- 
cation to  the  Commissioner  of  Pensions  in  such  form  as 
he  may  prescribe,  receive  the  benefits  of  this  Act;  and 
nothing  herein  contained  shall  prevent  any  pensioner  or 
person  entitled  to  a  pension  from  prosecuting  his  claim 
and  receiving  a  pension  under  any  other  general  or  spe- 
cial Act :  Provided,  That  no  person  shall  receive  a  pension    Double  pen- 
under  any  other  law  at  the  same  time  or  for  the  same^^**°^  prohibited, 
period  that  he  is  receiving  a  pension  under  the  provisions 
of  this  Act:  Pi^ovided  further ,  That  no  person  who  is    Restriction, 
now  receiving  or  shall  hereafter  receive  a  greater  pension 
under  any  other  general  or  special  law  than  he  would  be 
entitled  to  receive  under  the  provisions  herein  shall  be 
pensionable  under  this  Act. 

That  rank  in  the  service  shall  not  be  considered  in    see.  2,  id. 

,.       ..  /.Ill  1  Rankin  service 

applications  filed  hereunder.  not  considered. 


50  ARMY  AND   NAVY   PENSIONS. 

Ag^te  not  en-     That  no  pension  attorney,  claim  agent,  or  other  person 
^tion*°  ^°^^^'  shall  be  entitled  to  receive  any  compensation  for  services 
rendered  in  presenting  any  claim  to  the  Bureau  of  Pen- 
sions, or  securing  any  pension,  under  this  Act. 
m7f 34  fc  L^;     *     *     *    And  provided  further,  That  hereafter  the  age 
^^gemSe^^- ^^  sixty-two  vcars  and  over  shall  be  considered  a  per- 
StabSityf ^^^^  manent  specific  disability  within  the  meaning  of  the  pen- 
acf  fIK^ioo?!^^^^  laws:  And  provided  further,  That  the  benefits  of  the 
Krtlnded^o  Si^^^^  ^^  February  sixth,  nineteen  hundred  and  seven,  enti- 
toneficf^iS   ^^tl^d  "-^1^  ^ct  granting  pension  to  certain  enlisted  men. 
soldiers,  and  officers  who  served  in  the  civil  war  and  the 
war  with  Mexico,"  are  hereby  extended  to  include  any 
person  who  served  the  period  of  time  therein  specified 
during  the  late  civil  war  or  in  the  war  with  Mexico 
and  who  is  now  or  may  hereafter  become  entitled  to  pen- 
sion under  the  Acts  of  June  twenty-seventh,  eighteen  hun- 
dred and  ninet}^,  February  fifteenth,  eighteen  hundred 
and  ninety-five,  and  the  joint  resolution  of  July  first 
nineteen  hundred  and  two,  or  the  Acts  of  January  twenty - 
ninth,  eighteen  hundred  and  eighty-seven,  March  third, 
eighteen  hundred  and  ninety-one,  and  Februaiy  seven- 
teenth, eighteen  hundred  and  ninety-seven. 
RateofpSsbn     "^^^  ^^®  period  commencing  July  fourth,  eighteen  hun- 
atad  s^dS?dfs-^^^^   ^^^  sixty-four,  and  ending  June  third,  eighteen 
qSt^to  juYy^;  hundred  and  seventy-two,  those  persons  entitled  to  a  less 
Sms??"^'^*^?®^^^^^  ^^^^  hereinafter  mentioned,  who  shall  have  lost 
isSfiT^'stet  L^l  ^^h  ^^^^  ^^  ^^^  military  or  naval  service  and  in  the 
iswfTi^stSt^Lt'^i^^  ^^  duty,  shall  be  entitled  to  a  pension  of  twenty  dol- 
il6^,^3it^?L!|^^^  per  month;  for  the  same  period  those  persons  who, 
^^^'  under  like  circumstances,  shall  have  lost  both  hands  or  the 

sight  of  both  eyes,  shall  be  entitled  to  a  pension  of  twenty- 
five  dollars  per  month;  and  for  the  period  commencing 
March  third,  eighteen  hundred  and  sixty-five,  and  ending 
June  third,  eighteen  hundred  and  seventy-two,  those  per- 
and^foot^seeTct^^^i^s  ^'^o  under  like  circumstances  shall  have  lost  one  hand 
ISt*L?,'2^r'  ^^and  one  foot,  shall  be  entitled  to  a  pension  of  twenty  dol- 
lars per  month;  and  for  the  period  commencing  June 
sixth,  eighteen  hundred  and  sixty-six,  and  ending  June 
third,  eighteen  hundred  and  seventy-two,  those  persons 
h^ds^^th  eye?  ^^^  Under  like  circumstances  shall  have  lost  one  hand  or 
Ztfite^uSm  ^^^  ^^^^'  ^^^^^  ^^  entitled  to  a  pension  of  fifteen  dollars 
Sd^M^.'3'i879'P^^  month;  and  for  the  period  commencing  June  sixth. 
^V^^ieg''aSi)u-^^^h^^^^  hundred  and  sixty-six,  and  ending  June  third, 
S^tS^irTs'^^^h*^®^  hundred  and  seventy-two,  those  persons  entitled 
ig9, 20  Stat.  L.,  ^Q  rj  iggg  pension  than  hereinafter  mentioned,  who  by 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       51 

reason  of  injury  received  or  disease  contracted  in  the  mil-  i8»6r'i4'statV^ 
itary  or  naval  service  of  the  United  States  and  in  the  line  ^^• 
of  duty,  shall  have  been  permanently  and  totally  disabled 
in  both  hands,  or  who  shall  have  lost  the  sight  of  one  eye, 
the  other  having  been  previously  lost,  or  who  shall  have  i8^^\f'slll^i!,\ 
been  otherwise  so  totally  and  permanently  disabled  as  to  ^^^^  ^^  ^^^^  ^^ 
render  them  utterly  helpless,  or  so  nearly  so  as  to  require  f|'^?'s^,^^s£ 
regular  personal  aid  and  attendance  of  another  person,  ^^^%4^^|| 
shall  be  entitled  to  a  pension  of  twenty-five  dollars  per  f ^^^^  J^g','  1^0^21 
month ;  and  for  the  same  period  those  who  under  like  ^^tee^c^l^l'june 
circumstances  shall  have  been  totally  and  permanently  f^^/s^'  ^*  ^^** 
disabled  in  both  feet,  or  in  one  hand  and  one  foot,  or 
otherwise  so  disabled  as  to  be  incapacitated  for  the  per- 
formance of  any  manual  labor,  but  not  so  much  as  to 
require  regular  personal  aid  and  attention,  shall  be  enti- 
tled to  a  pension  of  twenty  dollars  per  month;  and  for 
the  same  period  all  persons  who  under  like  circumstances 
shall  have  been  totally  and  permanently  disabled  in  one 
hand,  or  one  foot,  or  otherwise  so  disabled  as  to  render 
their  inability  to  perform  manual  labor  equivalent  to  the 
loss  of  a  hand  or  foot,  shall  be  entitled  to  a  pension  of 
fifteen  dollars  per  month. 

From  and  after  June  fourth,  eighteen  hundred  and  l^te^fp'e^ion 
seventy-two,  all  persons  entitled  by  law  to  a  less  pension  ^^J'PJJ^^^jJ^JgJ. 
than  hereinafter  specified,  w^ho  while  in  the  military  or  J^I^^^Sj^^®^"^ 
naval  service  of  the  United  States,  and  in  line  of  duty,  gyFo'-^^^g°[^°^*^ 
shall  have  lost  the  sight  of  both  eyes,  or  shall  have  lost  ll^^^'f^  S.  ^1^ 
the  sight  of  one  eye,  the  sight  of  the  other  having  beenJ^J?'^^  ^j^^^^g' 
previously  lost,  or  shall  have  lost  both  hands,  or  shall  Jg?'jJ^|J|*^g^4' 
have  lost  both  feet,  or  been  permanently  and  totally  dis-  j^f ^Jy*  ^Yg  ^|j 
abled  in  the  same,  or  otherwise  so  permanently  Sindf^\^^'}^'^^^^ 
totally  disabled  as  to  render  them  utterly  helpless,  or  so'^^^^'^^--^' 
nearly  so  as  to  require  the  regular  personal  aid  andl^^l^^P^LSef^' 
attendance  of  another  person,  shall  be  entitled  to  a  pen-  pemaSent^leS?- 
sion  of  thirty-one  dollars  and  twenty-five  cents  per  J^^^^jg^®®  i|5f 
month ;  and  all  persons  who,  under  like  circumstances,  J^j;®  li^isso^^li 
shall  have  lost  one  hand  and  one  foot,  or  been  totally  and  ^^i  Y' 1896^^20 
permanently  disabled  in  the  same,  or  otherwise  so  dis- ^^|^^^'^^j;j3^  3 
abled  as  to  be  incapacitated  for  performing  any  manual  Jl^A^ug^  4^ i^,' 
labor,  but  not  so  much  as  to  require  regular  personal  aid^/jj^^'i^' 
and  attendance,  shall  be  entitled  to  a  pension  of  twenty-  ^^|o?ioiof^^d 
four  dollars  per  month ;  and  all  persons  who,  under  like  y^b/'S!'  i877?''i9 
circumstances,  shall  have  lost  one  hand,  or  one  foot,  orf^l^/'f^'^f^^- 
been  totally  and  permanently  disabled  in  the  same,  or  ^-^Ifi^g  ampu- 
otherwise  so  disabled  as  to  render  their  incapacity  totatedathijjoint, 

1879,  20  Stat.  L.,  483. 


52  ARMY  AND   NAVY  PENSIONS. 

perform  manual  labor  equivalent  to  the  loss  of  a  hand 
or  foot,  shall  be  entitled  to  a  pension  of  eighteen  dollars 
per  month:  Provided^  That  all  persons  who,  under  like 

i8?3^*i7^'ster*L^'^^^^^^^^^^^^^^'  have  lost  a  leg  above  the  knee,  and  in 
^^-  consequence  thereof  are  so  disabled  that  they  can  not  use 

artificial  limbs,  shall  be  rated  in  the  second  class  and 
receive  twenty-four  dollars  per  month  from  and  after 
sef °aet  A^^^i  Juue  f ourth,  eighteen  hundred  and  seventy-two ;  and  all 
Jl^'jSiAll'i^^  P^^s^^s  who,  under  like  circumstances,  shall  have  lost  the 
32  Stat.  L.,  773.  hearing  of  both  ears,  shall  be  entitled  to  a  pension  of 
thirteen  dollars  per  month  from  the  same  date:  Pi^o- 
pem^ei£-rate* '^^^^^?  That  the  pension  for  a  disability  not  permanent, 
1873  17  Uaf.*  L^'  equivalent  in  degree  to  any  provided  for  in  this  section, 
^-  shall,  during  the  continuance  of  the  disability  in  such 

degree,  be  at  the  same  rate  as  that  herein  provided  for  a 
permanent  disability  of  like  degree. 
i8^f i8"sSt.  i!'     That  section  four  of  the  act  entitled  "An  act  to  revise, 
^^^^8^4697,  ^^^^sol^^^^^?  ^^^  amend  the  laws  relating  to  pensions," 
4698,  R.  s.         ^j^^  approved  March  third,  eighteen  hundred  and  seventy- 
three,  be  so  amended  that  all  persons  who,  while  in  the 
military  or  naval  service  of  the  United  States,  and  in  the 
line  of  duty,  shall  have  been  so  permanently  and  totally 
disabled  as  to  require  the  regular  personal  aid  and  attend- 
si^^  to^^oll^of  ^^^^  ^^  another  person,  by  the  loss  of  the  sight  of  both 
b?tohand^tS®y®^'  ^^  ^^  ^^  ^^^^  ^^  ^^®  sight  of  oue  eye,  the  sight  of 
■SrLTe^tog^  *^®  other  having  been  previously  lost,  or  by  the  loss  of 
^^s^iJSSS^' ^^^^  hands,  or  by  the  loss  of  both  feet,  or  by  any  other 
453^ 'A^ug^4^^i^' ^^i^^y  resulting  in   total   and  permanent  helplessness, 
Ma^^2*  ^fe^i^*^^^^^  ^^  entitled  to  a  pension  of  fifty  dollars  per  month; 
Stat.  L.,  944.       ^^^  ^hig  shall  be  in  lieu  of  a  pension  of  thirty-one  dollars 
and  twenty-five  cents  per  month  granted  to  such  person 
by  said  section:  Provided^  That  the  increase  of  pension 
shall  not  be  granted  by  reason  of  any  of  the  injuries 
herein  specified  unless  the  same  shall  have  resulted  in 
permanent  total  helplessness,  requiring  the  regular  per- 
sonal aid  and  attendance  of  another  person. 
Sec.  2,  id.  That  this  act  shall  take  effect  from  and   after  the 

Effective  from  .  iini  j» 

June  4, 1874.        fourth  day  of  June,  eighteen  hundred  and  seventy-tour. 
Act  June  16,      That  all  soldiers  and  sailors  who  are  now  receiving  a 

1880,  21  Stat.  L.,  «        «  n  t  i  .  . 

281. c-236,  sec.  1.  peusiou  of  fifty  dollars  per  month,  under  the  provisions 
^^^-  .  ^  of  an  act  entitled  "An  act  to  increase  the  pension  o\ 

S66  S6CS    4607 

4698,  R.  s.'  '  soldiers  and  sailors  who  have  been  totally  disabled,"  ap 
proved  June  eighteenth,  eighteen  hundred  and  seventy- 
four,  shall  receive,  in  lieu  of  all  pensions  now  paid  then 


INVALm  PENSIOlSrS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       53 

by  the  Government  of  the  United  States,  and  there  shall 
be  paid  them  in  the  same  manner  as  pensions  are  now 
paid  to  such  persons,  the  sum  of  seventy  two  dollars  per 
month. 

All  pensioners  whose  pensions  shall  be  increased  by    |^-2|^j^g   ^g 
the  provisions  of  this  act  from  fifty  dollars  per  month  toi874^i8  staL^L/, 
seventy  two  dollars  per  month  shall  be  paid  the  differ-  ^J'f^-  J'g-^g^ 
ence  between  said  sums  monthly,  from  June  seventeenth,  stat.  l.;  lu. ' 
eighteen  hundred  and  seventy  eight,  to  the  time  of  the 
taking  effect  of  this  act. 

Whereas,  it  is  apparent  that  the  present  pension  paid  to^g^^t^June  u, 
soldiers  and  sailors  who  have  lost  both  their  hands  ori^^^'Si;   ^«nT 
both  their  feet  in  the  service  of  the  country  is  greatly  ^^8' ^- s- 
inadequate   to  the   supfK)rt  of   such   as  have   families: 
Therefore, 

Be  it  enacted,  etc.,  That  on  and  after  the  passage  of  this  j^^J^o^.^'q^jJ^j^ 
act,  all  soldiers  and  sailors  Avho  have  lost  either  both  their  °^g^|^^*  °^  ^^^ 
hands  or  both  their  feet  or  the  sight  of  both  eyes  in  the  i2^^s8q^%  I^! 
service  of  the  United  States,  shall  receive,  in  lieu  of  ^^^msffdBtau-L.' 
pensions  now  paid  them  by  the  Government  of  the  United  ss^^tat  l.^'igs?*' 
States,  and  there  shall  be  paid  to  them,  in  the  same  man- 
ner as  pensions  are  now  paid  to  such  persons,  the  sum  of 
seventy- two  dollars  per  month. 

That  the  act  of  June  seventeenth,  eighteen  hundred  and  18^^*20  fSi.  l  ' 
seventy-eight,  entitled  "An  act  to  increase  the  pensions  of  ^L'o^sk^f  sight 
certain  soldiers  and  sailors  who  have  lost  both  their  hands  ^^see^^^ne  17 
or  both  their  feet,  or  the  sight  of  both  eyes,  in  the  service}^?'  ^^^'4^i\ 
of  the  country,"  be  so  construed  as  to  include  all  soldiers  J^^i's^-fi' |gj® 
and  sailors  who  have  become  totally  blind  from  causes  ^•'^^• 
occurring  in  the  service  of  the  United  States. 

That  from  and  after  the  passage  of  this  Act  all  persons  19^^*33  1^^-  if' 
on  the  pension  roll,  and  all  persons  hereafter  granted  a^^^^^rSseof  en- 
pension,  who,  while  in  the  military  or  naval  service  of  ^\<J^^^''    ^^^ 
the  United  States  and  in  the  line  of  duty,  shall  have  lost 
both  eyes,  or  who  have  become  totally  blind  from  causes 
occurring  in  the  service  of  the  United  States,  shall  re- 
ceive a  pension  at  the  rate  of  one  hundred  dollars  per 
month :  Provided,  however,  That  this  Act  shall  not  be  so 
construed  as  to  reduce  any  pension  under  any  Act,  public 
or  private. 

That  from  and  after  the  passage  of  this  act  all  per- 18^^*25 ^^tat  if' 
sons  who,  in  the  military  or  naval  service  of  the  United  ^^''=•1^2. 
States  and  in  the  line  of  duty,  have  lost  both  hands,  shall  ^  l^   of  both 
be  entitled  to  a  pension  of  one  hundred  dollars  per  month. 


54  ARMY  AND   NAVY   PENSIONS. 

18^*^*19  ^tat.  h.'.  That  all  persons  who,  while  in  the  military  or  naval 
264,  c.  73.  service  of  the  United  States  and  in  the  line  of  duty,  shall 

46S*R.T'  ^^^'have  lost  one  hand  and  one  foot,  or  been  totally  and 
and°Se°oot!^^^  permanently  disabled  in  both,  shall  be  entitled  to  a  pen- 
iQ^s^steri!' ^^^^  ^^^  each  of  such  disabilities,  and  at  such  a  rate  as 
^^-  is  provided  for  by  the  provisions  of  the  existing  laws 

for  each  disability :  Provided,  That  this  act  shall  not  be 
so  construed  as  to  reduce  pensions  in  any  case. 
i8^^*i8'&£t.  if'     That  all  persons  who  are  now  entitled  to  pensions 
^\ee^cs^4697  ^i^^^r  existing  laws  and  who  have  lost  either  an  arm  at 
^Lo^  of 'arm  at  ^^  above  the  elbow,  or  a  leg  at  or  above  the  knee,  shall 
feg  ^a t°^or  tbovi  ^^  rated  in  the  second  class,  and  shall  receive  twenty- 
^^Prohibition^^^^  doUars  per  month:  Provided,  That  no   artificial 
^^j^^jf^i^g  °Uimbs,  or  commutation  therefor,  shall  be  furnished  to 
such  persons  as  shall  be  entitled  to  pensions  under  this 
act. 
Ifl^tilt  from     That  this   act  shall  take   effect  from  and   after   the 
June  4, 1874.        fourth  day  of  June,  eighteen  hundred  and  seventy-four. 
18^^*22  St  L^'     That  from  and  after  the  passage  of  this  act  all  persons 
^crease  of  pen- ^^  ^^^  pcnsion-roll,  and  all  persons  hereafter  granted  a 
S  sSiore  who  P^^^^^^'  who,  while  in  the  military  or  naval  service  of 
S  or°one  foot^^®  United  States,  and  in  the  line  of  duty,  shall  have  lost 
abied^S^Jame^^^'^^®  hand  Or  oue  foot,  or  been  totally  or  permanently  dis- 
i886^24^ttt!^L!'  abled  in  the  same,  or  otherwise  so  disabled  as  to  render 
32St^t^L.%44!^' ^^^^^  incapacity  to  perform  manual  labor  equivalent  to 
capSity^^^'  ^'  ^^^^  1^^^  ^^  ^  hand  or  foot,  shall  receive  a  pension  of 
twenty- four  dollars  per  month;  that  all  persons  now  on 
the  pension-roll  and  all  persons  hereafter  granted  a  pen- 
abo??  eibiwr^  ^^^^  ^^^^  ^^  ^^^^®  manner  shall  have  lost  either  an  arm  at 
knee,*OT°totann- ^^^^  above  the  elbow  or  a  leg  at  or  above  the  knee,  or  shall 
S?a&^°^°^^'^^^®  ^^^^  otherwise  so  disabled  as  to  be  incapacitated  for 
performing  any  manual  labor,  but  not  so  much  as  to  re- 
quire regular  personal  aid  and  attendance,  shall  receive  a 
pension  of  thirty  dollars  per  month:  Provided,  That 
nothing  contained  in  this  act  shall  be  construed  to  repeal 
Sec.  4699,  R.  s.  scctiou  f  orty-six  hundred  and  ninety-nine  of  the  Ke- 
vised  Statutes  of  the  United  States  or  to  change  the  rate 
jisrate.  of  eighteen  dollars  per  month  therein  mentioned  to  be 

proportionately  divided  for  any  degree  of  disability  es- 
tablished for  which  section  forty-six  hundred  and  ninety- 
five  makes  no  provision. 
18^^*20  ^Si.  -L.'     That  all  pensioners  now  on  the  pension  rolls,  or  who 
^ee'  sSs.  4697  ^^J  hereafter  be  placed  thereon,  for  amputation  of  either 
4698,  R.s.         2gg  ^^  ^i^Q  j^^p  joint  shall  receive  a  pension  at  the  rate  of 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       55 

thirty-seven  dollars  and  fifty  cents  per  month  from  the  at  hSoinf°^^^^ 
date  of  the  approval  of  this  act.  gatterL^gS.*'  ^^'  ^  ^*^*'  ^"  ^'  ^'  ^^^' 
That  all  soldiers  and  sailors  of  the  United  States  who  18^^*23  fS.  l^' 
have  had  an  arm  taken  off  at  the  shoulder  joint,  caused  ^^'^^^J^^.^^^^^^^ 
by  injuries  received  in  the  service  of  their  country  while  dlr^in?  to°be 
in  the  line  of  duty,  and  who  are  now  receiving  pensions,  fe^al; wp°[oki?  °' 
shall  have  their  pensions  increased  to  the  same  amount  j8|j^^24^^sfa't^"L*' 
that  the  law  now  gives  to  soldiers  and  sailors  Avho  have  ^^^^JJ^  ^'gj^^* 
lost  a  leg  at  the  hip  joint;  and  this  act  shall  apply  to  all 
who  shall  be  hereafter  placed  on  the  pension-roll. 

That  from  and  after  the  passage  of  this  act  all  V^^' im^lAt&t'-L' 
sons    on    the   pension-rolls,    and    all    persons   hereafter  220.^^-  s^-    ^^ 
granted  a  pension,  who,  while  in  the  military  or  naval  ^g^^j'^^^^^^  ^^ 
service  of  the  United  States  and  in  line  of  duty,  shall  J^^°J^f^.j^5^  ^g 
have  lost  one  hand  or  one  foot,  or  been  totally  disabled  J^J;  5?'  i878- 
in  the  same,  shall  receive  a  pension  of  thirty  dollars  ^fune^i^^iiso^- 
month;  that  all  persons  now  on  the  pension-rolls,  and  JJ^/ 3 ^^-ggis^j 
all  persons  hereafter  granted   a  pension,  who   in  like  ^J^j^f ;j2,^im^ 
manner  shall  have  lost  either  an  arm  at  or  above  the  ^Jjf?®/^{;j°^  ^^■ 
elbow  or  a  leg  at  or  above  the  knee,  or  been  totally  dis-  ^^^^  ^j  ^^^  ^^ 
abled  in  the  same,  shall  receive  a  pension  of  thirty-six  f^^g^^^^^^^jj^^^^oj 
dollars  per  month;   and  that  all  persons  now  on  the^^^- 
pension-rolls,  and  all  persons,  hereafter  granted  a  pension 
who  in  like  manner  shall  have  lost  either  an  arm  at  the  shouidef  j™  or 
shoulder- joint  or  a  leg  at  the  hip-joint,  or  so  near  the  Inlbrnty^  to'^use 
]oint  as  to  prevent  the  use  of  an  artificial  limb,  shall  ^^^^^^  "°^^- 
receive  a  pension  at  the  rate  of  forty-five  dollars  per 
month:  Provided,  That  nothing  contained  in  this  act 
shall  be  construed  to  repeal  section  forty-six  hundred 
and  ninety-nine  of  the  Revised  Statutes  of  the  United 
States,  or  to  change  the  rate  of  eighteen  dollars  per  month 
therein  mentioned  to  be  proportionately  divided  for  any 
degree  of  disability  established  for  which  section  forty- 
six  hundred  and  ninety-five  makes  no  provision. 

That  from  and  after  the  passage  of  this  act  all  persons  19^^32 ^tat'  l  ' 
on  the  pension  roll,  and  all  persons  hereafter  granted  ^^"^l^^^Qof  en' 
pension,  who,  while  in  the  military  or  naval  service  of  Jjj;{jg^o5;^Jg^gJ 
the  United  States  and  in  the  line  of  duty,  shall  have  lost  ^^^^y  ^^  same, 
one  hand  or  one  foot,  or  been  totally  disabled  in  the 
same,  shall  receive  a  pension  at  the  rate  of  forty  dollars 
per  month;  that  all  persons  who,  in  like  manner,  shall 
have  lost  an  arm  at  or  above  the  elbow  or  a  leg  at  or  above 
the  knee,  or  been  totally  disabled  in  the  same,  shall  receive 
a  pension  at  the  rate  of  forty-six  dollars  per  month ;  that 


56  ARMY  AND   NAVY  PENSIONS. 

all  persons  who,  in  like  manner,  shall  have  lost  an  arm 
at  the  shoulder  joint  or  a  leg  at  the  hip  joint,  or  so  near 
the  shoulder  or  hip  joint  or  where  the  same  is  in  such 
a  condition  as  to  prevent  the  use  of  an  artificial  limb, 
shall  receive  a  pension  at  the  rate  of  fifty-five  dollars 
per  month,  and  that  all  persons  who,  in  like  manner, 
shall  have  lost  one  hand  and  one  foot,  or  been  totally 
disabled  in  the  same,  shall  receive  a  pension  at  the  rate 
of  sixty  dollars  per  month ;  and  that  all  persons  who,  in 
Loss  of  both  like  manner,  shall  have  lost  both  feet  shall  receive  a 

feet,  $100.  .  I 

pension  at  the  rate  of  one  hundred  dollars  per  month: 

Provided^  however,  That  this  Act  shall  not  be  so  construed 

as  to  reduce  any  pension  under  any  act,  public  or  private. 

i84*^25^st^'  i!'     That  from  and  after  the  passage  of  this  act  all  per- 

^I'otaf deafness' ^^^^  ^^  ^^^  peusiou-rolls  of  the  United  States,  or  who 

rate,  $30.  '  may  hereafter  be  thereon,  drawing  pension  on  account 

of  loss  of  hearing,  shall  be  entitled  to  receive,  in  lieu 

iQ^^s^st^if'^^  ^^^  amount  now  paid  in  case  of  such  disability,  the 

773.'  'sum  of  thirty  dollars,  in  cases  of  total  deafness,  and 

such  proportion  thereof  in  cases  of  partial  deafness  as 

the  Secretary  of  the  Interior  may  deem  equitable;  the 

amount  paid  to  be  determined  by  the  degree  of  disability 

existing  in  each  case. 

imWim  I?'     That  from  and  after  the  passage  of  this  act  all  per- 

^^liicriS^e   total  ^^^^  ^^  *^^  peusion  roU  of  the  United  States,  or  who 

deafness.  $40.       may  hereafter  be  placed  thereon,  receiving  pension  for 

total  loss  of  hearing  due  to  causes  originating  in  the 

military  or  naval  service  of  the  United  States  and  in 

the  line  of  duty,  shall  be  entitled  to  receive,  in  lieu  of  the 

amount  now  paid  in  case  of  such  disability,  the  sum  of 

Rate  for  partial  forty  doUars  per  month:  Provided.  That  said  increase 

deafness  not  af-    ,    '  ,*,    .  tv  t  /• 

fected.  shall  in  no  manner  aiiect  the  rate  of  pension  now  being 

paid  and  allowable  for  partial  deafness,  the  rating  for 
which  shall  be  continued  and  determined  in  accordance 
.  with  the  provisions  of  existing  law. 

,^;^ct  Mar.  4,     That  all  soldiers,  sailors,  and  marines  who  have  since 

1890,  Jo  btat.  Li.,  '  ' 

i6,c.25.  the  sixteenth  day  of  June,  eighteen  hundred  and  eighty, 

j^p^^^^eip-or  who  may  hereafter  become  so  totally  and  permanently 

g^^^i^  and^at- helpless  from  injuries  received  or  disease  contracted  in 

1880^^21  "sSt  L't^ie  service  and  line  of  duty  as  to  require  the  regular 

281, amended,    'personal  aid  and  attendance  of  another  person,  or  who, 

if  otherwise  entitled,  were  excluded  from  the  provisions 

of  "An  act  to  increase  pensions  of  certain  pensioned 

soldiers  and  sailors  who  are  utterly  helpless  from  in- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       57 

juries  received  or  disease  contracted  while  in  the  United 
States  service,"  approved  June  sixteenth,  eigliteen  hun- 
dred and  eighty,  shall  be  entitled  to  receive  a  pension  at 
the  rate  of  seventy-two  dollars  per  month  from  the  date 
of  the  passage  of  this  act  or  of  the  certificate  of  the  ex- 
amining surgeon  or  board  of  surgeons  showing  such 
degree  of  disability  made  subsequent  to  the  passage  of 
this  act. 

That  soldiers  and  sailors  who  are  shown  to  be  totally  jg^aj'lz'stali!!, 
incapacitated  for  performing  manual  labor  by  reason  of  ^^^^-^^^^-j^  ^jg_ 
injuries  received  or  disease  contracted  in  the  service  of  f^^^^j.^^^^^^^^^^" 
the  United  States  and  in  line  of  duty,  and  who  areP|f^°d^J^^i;i'«^- 
thereby  disabled  to  such  a  degree  as  to  require  frequent 
and  periodical,  though  not  regular  and  constant,  personal 
aid  and  attendance  of  another  person,  shall  be  entitled  to 
receive  a  pension  of  fifty  dollars  per  month  from  and 
after  the  date  of  the  certificate  of  the  examining  surgeon 
or  board  of  examining  surgeons  showing  such  degree  of 
disability,  and  made  subsequent  to  the  passage  of  this  act. 

Except  in  cases  of  permanent  specific  disabilities,  no  c?i^|'iJ^|: 
mcrease  of  pension  shall  be  allowed  to  commence  prior  to  fordLbiiSS 
the  date  of  the  examining  surgeon's  certificate  establish-  §^Scf°*  ^^ 
ing  the  same,  made  under  the  pending  claim  for  increase, im^'i'^s^f'-^' 
and  in  this,  as  well  as  all  other  cases,  the  certificate  of  an  if^tetfi/^^Tsf  ^' 
examining  surgeon,  or  of  a  board  of  examining  surgeons, 
shall  be  subject  to  the  approval  of  the  Commissioner  of 
Pensions. 

The  rate  of  eighteen  dollars  per  month  may  be  pro-  ^iS'o?;|{e 
portionately  divided  for  any  degree  of  disability  estab- °^|^i^^^goj^t^- 
lished  for  which  section  forty-six  hundred  and  ninety-  J^J^,  i7  stat.  l., 
five  makes  no  provision. 

*     *     *    And  it  is  further  provided^  That  from  ^^^  ists^ls^tJt'  l* 
after  the  passage  of  this  Act  all  pensioners  now  on  the  ^04,  c.  lei,  part, 
rolls  who  are  pensioned  at  less  than  six  dollars  per  month,  oj^^sSn^  ^^^ 
for  any  degree  of  pensionable  disability,  shall  have  their 
pensions  increased  to  six  dollars  per  month;  and  that 
hereafter,  whenever   any  applicant   for  pension  would 
under  existing  rates,  be  entitled  to  less  than  six  dollars 
for  any  single  disability,  or  several  combined  disabilities, 
such  pensioner  shall  be  rated  at  not  less  than  six  dollars 
per  month:  Provided  also,  That  the  provisions  hereof ^>c*°o*^*™»*^ 
shall  not  be  held  to  cover  any  pensionable  period  prior  to 
the  passage  of  this  Act,  nor  authorize  a  rerating  of  any 
claims  for  any  part  of  such  period,  nor  prevent  the  allow- 


58  ARMY  AND   NAVY  PENSIONS. 

ance  of  lower  rates  than  six  dollars  per  month,  according 
to  the  existing  practice  in  the  Pension  Office  in  pending 
cases  covering  any  pensionable  period  prior  to  the  pas- 
sage of  this  Act. 
i8^f2o  &£t.  if  I     That  all  pensions  which  have  been  granted  under  the 
^^An^areS^pln-g^^^^^l  ^^^^  regulating  pensions,  or  may  hereafter  be 
sion.  granted,  in  consequence  of  death  from  a  cause  which 

originated  in  the  United  States  service  during  the  con- 
tinuance of  the  late  war  of  the  rebellion,  or  in  con- 
sequence of  wounds,  injuries,  or  disease  received  or  con- 
tracted in  said  service  during  said  war  of  the  rebellion. 

Commence- shall  commcncc  from  the  date  of  the  death  or  discharge 
from  said  service  of  the  person  on  whose  account  the 
claim  has  been  or  shall  hereafter  be  granted,  or  from  the 
termination  of  the  right  of  the  party  having  prior  title  to 

Rate.  such  pension :  Provided^  The  rate  of  pension  for  the  inter- 

vening time  for  which  arrears  of  pension  are  hereby 
granted  shall  be  the  same  per  month  for  which  the  pen- 
sion was  originally  granted. 

Sec.  2,  id.  That  the  Commissioner  of  Pensions  is  hereby  author- 

Rulesandregu- .  .  *^ 

lations.  ized  and  directed  to  adopt  such  rules  and  regulations  for 

the  payment  of  the  arrears  of  pension  hereby  granted  as 
will  be  necessary  to  cause  to  be  paid  to  such  pensioner, 
or,  if  the  pensioner  shall  have  died,  to  the  person  or  per- 
sons entitled  to  the  same,  all  such  arrears  of  pension  as 
the  pensioner  may  be,  or  would  have  been,  entitled  to 
under  this  act. 
lie!  4717  R.  s.      That  section   forty-seven  hundred   and   seventeen   of 

repealed.  '  '  ''the  Revised  Statutes  of  the  United  States,  which  pro- 
vides that  "  no  claim  for  pension  not  prosecuted  to  a  suc- 
cessful issue  within  five  years  from  the  date  of  filing  the 
same  shall  be  admitted  without  record  evidence  from  the 
War  or  Navy  Department  of  the  injury  or  the  disease 
which  resulted  in  the  disability  or  death  of  the  person  on 
whose  account  the  claim  is  made :  Provided^  That  in  any 
case  in  which  the  limitation  prescribed  by  this  section 
bars  the  further  prosecution  of  the  claim,  the  claimant 
may  present,  through  the  Pension  Office,  to  the  Adjutant- 
General  of  the  Army  or  the  Surgeon-General  of  the  Navy, 
evidence  that  the  disease  or  injury  which  resulted  in  the 
disability  or  death  of  the  person  on  whose  account  the 
claim  is  made  originated  in  the  service  and  in  the  line  of 
duty ;  and  if  such  evidence  is  deemed  satisfactory  by  the 
officer  to  whom  it  may  be  submitted,  he  shall  cause  a  rec- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       59 

ord  of  the  fact  so  proved  to  be  made,  and  a  copy  of  the 
same  to  be  transmitted  to  the  Commissioner  of  Pensions, 
and  the  bar  to  the  prosecution  of  the  claim  shall  thereby 
be  removed,"  be,  and  the  same  is  hereby,  repealed. 

No  claim  agent  or  other  person  shall  be  entitled  to  fgj^toattor. 
receive  any  compensation  for  services  in  making  applica-  neg^  ^^^  ^^^^ 
tion  for  arrears  of  pension.  ^^^^'  ^^^'  ^-  ^■ 

That  all  acts  or  parts  of  acts  so  far  as  they  may  con-    Repi^' 
flict  with  the  provisions  of  this  act  be,  and  the  same  are 
hereby,  repealed. 

That  the  rate  at  which  the  arrears  of  invalid  pensions  ig^f  20  sSt.  k) 
shall  be  allowed  and  computed  in  the  cases  which  have  p^V' ^*^' ^°*  ^' 
been  or  shall  hereafter  be  allowed  shall  be  graded  accord-    ^a^  of  arrears, 
ing  to  the  degree  of  the  pensioner's  disability  from  time 
to  time,  and  the  provisions  of  the  pension  laws  in  force 
over  the  period  for  which  the  arrears  shall  be  computed. 

That  section  one  of  the  act  of  January  twenty-fifth,  jg^^^^oj^g^^g^jf' 
eighteen  hundred  and  seventy-nine,  granting  arrears  of 
pensions  shall  be  construed  to  extend  to  and  include  pen- 
sions on  account  of  soldiers  who  were  enlisted  or  drafted 
for  the  service  in  the  War  of  the  Rebellion,  but  died  or 
incurred  disability  from  a  cause  originating  after  the  ces- 
sation of  hostilities,  and  before  being  mustered  out :  Pro- 
vided^ That  in  no  case  shall  arrears  of  pensions  be  allowed 
and  paid  from  a  time  prior  to  the  date  of  actual  disability. 

All  pensions  which  have  been,  or  which  may  hereafter   c^m'm^ence- 
be,  granted  in  consequence  of  death  occurring  from  a™^°***^P®°^°°- 
cause  which  originated  in  the  service  since  the  fourth 
day  of  March,  eighteen  hundred  and  sixty-one,  or  in  con- 
sequence of  wounds  or  injuries  received  or  disease  con- 
tracted since  that  date  shall  commence  from  the  death  or 
discharge  of  the  person  on  whose  account  the  claim  has 
been  or  is  hereafter  granted  if  the  disability  occurred 
prior  to  discharge,  and  if  such  disability  occurred  after 
the  discharge  then  from  the  date  of  actual  disability  or 
from  the  termination  of  the  right  of  party  having  prior 
title  to  such  pension:  Provided^  The  application  for  such ^Lta^ation^^_as 
pension  has  been  or  is  hereafter  filed  with  the  Commis- ^^^gct  June 7 
sioner  of  Pensions  prior  to  the  first  day  of  July,  eighteen  }^'  ^s  stat.  l.,' 
hundred  and  eighty,  otherwise  the  pension  shall  com- 
mence from  the  date  of  filing  the  application  ^ ;  but  the 

^  Limitation  as  to  date  of  filing  application  in  widows'  claims  removed 
by  act  of  June  7,  1888,  p.  62. 


60  ARMY  AND   NAVY  PENSIONS. 

Not  appucabie  limitation  herein  prescribed  shall  not  apply  to  claims  bv 

to  insane  persons  ^  i     i  m  i  -,  •     ,      " 

or  minors.  qj-  in  behalf  of  msane  persons  and  children  under  sixteen 

years  of  age. 
Sec.  3,  id.  Section  forty-seven  hundred  and  nine  of  the  Revised 

Sec.  4709,  R.  S.,  ^  ^    ^     ^         -it  i    j 

repealed.  Statutes  is  hereby  repealed. 

Act    Mar.    3,      *     *     *     P?'ovided,  That  all  applicants  for  pensions 
362.  c.  340,  part.'  shall  be  prcsumed  to  have  had  no  disability  at  the  time  of 

Soundness     at  ^  iii.ii 

enlistment    pre-  enlistment  I  but  such  presumption  may  be  rebutted. 

Bumed.  ^  r  ±  ^ 


Chapter  IV. 


PENSIONS  TO  WIDOWS  AND  DEPENDENT  RELATIVES  BASED  ON 
SERVICE  SINCE  MARCH  4,  1861. 


Sec.  4702,  R.  S.,  as  amended  by  Act  Aug. 
7,  1882.  Widows  and  minors,  when  en- 
titled. 

Act  Mar.  19,  1886.  Increase  in  rate  to  cer- 
tain widows. 

Act  June  7,  1888.  Commencement  of 
widows'  pension. 

Act  Mae.  3,  1875.  Pension  laws  extended 
to  widows,  etc.,  of  soldiers  murdered  at 
Centralia,  Mo. 

Sec.  4703,  R.  S.  Increased  pensions  to 
widows,  etc.,  from  and  after  July  25, 
1866. 

Act  June  27,  1890,  Sec.  3.  Widows  and 
minors,  when  entitled. 

Act  May  9,  1900,  Sec.  3.  Widows  and 
minors,  when  entitled. 

Act  Apr.  19,  1908.  Widows  of  certain  of- 
ficers and  men  given  pensionable  status. 

Act  Mar.  3,  1899,  part.  Payment  of  pen- 
sion to  widows ;  condition  as  to  date  of 
marriage  and  cohabitation. 

Sec.  4704,  R.  S.  Legitimacy  of  children. 

Sec.  4705,  R.  S.  Widows  of  colored  and  In- 
dian soldiers,  proof  of  marriage. 

Sec.  4706,  R.  S.  Abandonment  of  minor 
child  by  widow  forfeits  her  title  during 
its  pensionable  minority. 

Sec.  4707,  R.  S.  Succession  of  title  of  de- 
pendent relatlTes. 


Act  June  27,  1890,  Sec.  1.  Dependent 
parents,  sufficiency  of  evidence  to  show 
dependence. 

Act  Jan.  3,  1887,  Sec.  2.  Date  of  death 
fixed  in  case  of  officers,  etc.,  lost  In  the 
wreck  of  the  ste&meT  Jeanette. 

Act  Jan  3,  1887,  Sec.  3.  Twelve  months' 
pay  ^iven  by  act  to  be  deducted  from 
pensions  granted  to  widows  and  minors, 
etc. 

Act  Jan.  29,  1887,  Sec.  2.  One  year's  pay 
given  to  widows,  etc.,  of  those  lost  in 
the  wreck  of  the  Ashuelot;  to  be  de- 
ducted from  any  pension  allowed. 

Act  Mar.  30,  1898,  Sec.  4.  Commencement 
of  pensions  arising  out  of  the  destruc- 
tion of  the  U.  S.  S.  Maine. 

Sec.  4708,  R.  S.  Remarriage  of  widow  ter- 
minates pension. 

Act  Mar.  3,  1901.  Remarried  widows,  res- 
toration of  pension  to. 

Act  Feb.  28,  1903.  Remarried  widows,  res- 
toration of  pension  to.    , 

Act  Mar.  13,  1896.  Death  presumed  from 
seven  years'  unexplained  absence. 

Sec.  4735,  R.  S.  Widow  not  to  receive  pen- 
sion for  period  over  which  the  husband 
was  paid. 


That  section  forty-seven  hundred  and  two,  title  fifty- 184^22  stet.  J; 
seven,  of  the  Revised  Statutes  of  the  United  States  is  345.  c.  438.  sec.  i. 
hereby  amended  so  as  to  read  as  follows : 

"Sec.  4702.  If  any  person  embraced  within  the  pro- jjjJJ'4^^°XnTn^- 
visions  of  sections  forty-six  hundred  and  ninety-two  and  *^*||c.' 4702,  e.  s., 
forty-six  hundred  and  ninety-three  has  died  since  the^™^°^®^- 
fourth  day  of  March,  eighteen  hundred  and  sixty-one,  or 
hereafter  dies,  by  reason  of  any  wound,  injury,  or  disease 
which  under  the  conditions  and  limitations  of  such  sec- 
tions would  have  entitled  him  to  an  invalid  pension  had 
he  been  disabled,  his  widow,  or  if  there  be  no  widow,  or 
in  case  of  her  death  without  payment  to  her  of  any  part 
of  the  pension  hereinafter  mentioned,  his  child  or  children 
under  sixteen  years  of  age,  shall  be  entitled  to  receive  the 
same  pension  as  the  husband  or  father  would  have  been 


62  AEMY  AND  NAVY  PENSIONS. 

entitled  to  had  he  been  totally  disabled,  to  commence  from 
the  death  of  the  husband  or  father,  to  continue  to  the 
widow  during  her  widowhood,  and  to  his  child  or  children 
until  they  severally  attain  the  age  of  sixteen  years,  and 
no  longer ;  and  if  the  widow  remarry,  the  child  or  children 
shall  be  entitled  from  the  date  of  remarriage,  except 
Avhen  such  widow  has  continued  to  draw  the  pension- 
money  after  her  remarriage,  in  contravention  of  law,  and 
such  child  or  children  have  resided  with  and  been  sup- 
ported by  her,  their  pension  will  commence  at  the  date 
to  which  the  widow  was  last  paid." 
Sec.  2,  id.  That  marriaffcs,  except  such  as  are  mentioned  in  sec- 

Marriages;  now  °      ^  ^ 

proven.  tion  forty-scvcn  hundred  and  five  of  the  Revised  Statutes 

shall  be  proven  in  pension  cases  to  be  legal  marriages 
according  to  the  law  of  the  place  where  the  parties  re- 
sided at  the  time  of  marriage  or  at  the  time  when  the 
Adulterous  co-  right  to  pension  accrued ;  and  the  open  and  notorious 

habitation  forfeits      ,,.  i     i  > .     ,  •  p  •  t  ^        - 

pension.  adultcrous  cohabitatiou  or  a  widow  who  is  a  pensioner 

shall  operate  to  terminate  her  pension  from  the  com- 
mencement of  such  cohabitation. 
,  Act  Mm.   19,     That  from  and  after  the  passage  of  this  act  the  rate 
5,  c.  22,  sec.  1.      of  pension  for  widows,  minor  children,  and  dependent 

In  the  nature  of         ^  .  '  .  o  ^ 

an  amendment  to  relatives  now   ou  the  peusion-roll,   or  hereafter   to   be 

sees.     4703     and  ,  ^  ',  . 

4707,11.  s.  placed  on  the  pension-roll,  and  entitled  to  receive  a  less 

Increase     pen-^  ^  '  . 

sion  to  widows,  pate  than  hereinafter  provided,  shall  be  twelve  dollars 
per  month;  and  nothing  herein  shall  be  construed  tc 
afPect  the  existing  allowance  of  two  dollars  per  month 

d^teSmlM^J.  ^^^  ^^^^  child  under  the  age  of  sixteen  years:  Provided. 
That  this  act  shall  apply  only  to  widows  who  were  mar- 
ried to  the  deceased  soldier  or  sailor  prior  to  its  passage 
and  to  those  who  may  hereafter  marry  prior  to  or  dur 
ing  the  service  of  the  soldier  or  sailor.  And  all  acts  oi 
parts  of  acts  inconsistent  with  the  provisions  of  this  aci 
are  hereby  repealed. 
Sec.  2,  id.  That  uo  claim  agent  or  attorney  shall  be  recognized  ii 

No     attorney's^,  i-      ^'      ^-  %     ^     ■  i         .i   •  ^  in 

fee  allowed.        the  adjudication  01  claims  under  this  act,  nor  shall  an^ 

such  person  be  entitled  to  receive  any  compensation  what 

ever  for  services  or  pretended  services  in  making  appli 

cations  thereunder. 

Act    June    7,     That  all  pensions  which  have  been,  or  which  may  here 

1888,  25  Stat.  L.,  n  i  i  i   i  i      • 

173,  c.  369,  part,   after  be,  granted  under  the  general  laws  regulating  pen 
ment  of  widow's  sions  to  widows  in  consequence  of  death  occurring  fror 

pension.  .  .    .  i    •        i  •  •  i        /•  • 

Limitation;  act  a  cause  which  Originated  m  the  service  since  the  fourt 

Mar.  3,  1879,  re-  .     *=' 

moved.  day  of  March,  eighteen  hundred  and  sixty-one,  shall  con: 


mence  from  the  date  of  death  of  the  husband :    *     * 


PENSION   TO  WIDOWS  AND  DEPENDENT  RELATIVES.  63 

That  the  provisions  of  existing  pension  laws  be,  and  the  ig^sf  is  sSt.  l^; 
same  are  hereby,  extended  to  the  widows,  children,  de-  ^^i^enston  ^laws 
pendent  mothers  and  fathers,  or  orphan  brothers  and  ^^^^^^^j^^^^J; 
sisters,  in  the  order  named,  of  those  lately  discharged  g^^g^^j^^^t^^J 
soldiers  of  the  Army  of  the  United  States,  who  were  mur-  *^^»  ^°- 
dered  by  guerrillas  at  Centralia,  Missouri,  in  eighteen 
hundred  and  sixty-four,  while  being  transported  on  the 
North  Missouri  Kailroad. 

That  the  provisions  of  this  act  shall  be  construed  to    ^^.'^-^l-jf^^g 
extend  to  the  widows,  children,  dependent  mothers  and  tended  t9  widows 

'  ^         ^  ^  and     minors    of 

fathers,   or  orphan  brothers   and  sisters,  in  the  order  Missouri  muitia. 
named,  of  any  member  of  the  Missouri  militia  who  was 
murdered  as  aforesaid  by  guerrillas  at  Centralia,  Mis- 
souri, in  eighteen  hundred  and  sixty-four. 

The  pensions  of  widows  shall  be  increased  from  and    f^i^d^n- 
after  the  twenty-fifth  day  of  July,  eighteen  hundred  and  f°^^  ^  widows, 
sixty-six  at  the  rate  of  two  dollars  per  month  for  each  jg^-j^^'g^Jf-j^' 
child  under  the  age  of  sixteen  years,  of  the  husband  on  ^^/^\  fi  i^l 
account  of  whose  death  the  claim  has  been,  or  shall  be,  }'^y.  ^j  g^^  }^ 
granted.    And  in  every  case  in  which  the  deceased  hus-  ^*^*-  ^•'  ^^• 
band  has  left,  or  shall  leave,  no  widow,  or  where  his  widow 
has  died  or  married  again,  or  where  she  has  been  deprived 
of  her  pension  under  the  provisions  of  the  pension-law, 
the  pension  granted  to  such  child  or  children  shall  be 
increased  to  the  same  amount  per  month  that  would  be 
allowed  under  the  foregoing  provisions  to  the  widow,  if 
living  and  entitled  to  a  pension :  Provided,  That  the  addi-  m^nwor^mmor 
tional  pension  herein  granted  to  the  widow  on  account  of  ^y  ^o™®^  ^^^• 
the  child  or  children  of  the  husband  by  a  former  wife 
shall  be  paid  to  her  only  for  such  period  of  her  widow- 
hood as  she  has  been,  or  shall  be,  charged  with  the  main- 
tenance of  such  child  or  children ;  for  any  period  during 
which  she  has  not  been,  or  she  shall  not  be,  so  charged,  it 
shall  be  granted  and  paid  to  the  guardian  of  such  child 
or  children :  Provided  further^  That  a  widow  or  guardian  miJS^b^^stete' 
to  whom  increase  of  pension  has  been,  or  shall  hereafter  ^tc^'4g|gnotvai 
be,  granted  on  account  of  minor  children,  shall  not  be  igg^J'gJ^y  |J' 
deprived  thereof  by  reason  of  their  being  maintained  in  ^37. 
whole  or  in  part  at  the  expense  of  a  State  or  the  public 
in  any  educational  institution,  or  in  any  institution  organ- 
ized for  the  care  of  soldiers'  orphans.^ 

iThe  $2  additional  pension  granted  under  this  section  on  account  of 
minor  cliildren  under  16  years  of  age  may  be  continued  In  cases  of  insane, 
idiotic,  or  helpless  children  during  the  life  of  such  children  or  during  the 
period  of  their  disability,  under  the  proviso  of  the  third  section  of  the  act 
of  June  27,  1890,  and  amendment  of  May  9,  1900. 
73814°— 13 6 


64  ARMY  AND   NAVY  PENSIONS. 

i8^^*26'^S  l'     That  if  any  officer  or  enlisted  man  who  served  ninetj 

^^m'eSied^'by  ^^^^  ^^  more  in  the  Army  or  Navy  of  the  United  States 

^wiYoVfSid  ^^^^^S   ^^^   ^^^^   ^^^   ^^   ^^^   rebellion,   and   who   was 

minors.  honorably  discharged  has  died,  or  shall  hereafter  die 

leaving  a  widow  without  other  means  of  support  thai 

her  daily  labor,  or  minor  children  under  the  age  o: 

b^d?  de^th.^"^  ^^^^^^^  years,  such  widow  shall,  upon  due  proof  of  hei 

husband's  death,  without  proving  his  death  to  be  th( 

result  of  his  army  service,  be  placed  on  the  pension-rol 

from  the  date  of  the  application  therefor  under  this  act 

^*®*  at  the  rate  of  eight  dollars  per  month  during  her  widow 

hood,  and  shall  also  be  paid  two  dollars  per  month  foi 

each  child  of  such  officer  or  enlisted  man  under  sixteei 

years  of  age,  and  in  case  of  the  death  or  remarriage  o; 

the  widow,  leaving  a  child  or  children  of  such  officer  o: 

Minor's  title,    enlisted  man  under  the  age  of  sixteen  years,  such  pensioi 

shall  be  paid  such  child  or  children  until  the  age  o: 

jJ^^fj,°^jPg: sixteen:  Provided,  That  in  case  a  minor  child  is  insane 

tou^ce'of 'pen- ^^^^^^^>  ^^  otherwise  permanently  helpless,  the  pensioi 

^°-  shall  continue  during  the  life  of  said  child,  or  during 

the  period  of  such  disability,   and   this  proviso   shal 

apply  to  all  pensions  heretofore  granted  or  hereafte: 

to  be  granted  under  this  or  any  former  statute,  and  sucl 

men°?f^mion.' P^^isions  shall  commence  from  the  date  of  applicatioi 

therefor  after  the  passage  of  this  act:  And  providei 

Lunitation   as  further.  That  said  widow  shall  have  married  said  soldie: 

to  date  of  mar-  •'      .  ^ 

riage.  prior  to  the  passage  of  this  act. 

3iitaL  !I,^i7o!c!     That  if  any  officer  or  enlisted  man  who  served  ninety 

^^c.  3,  act  June  ^^Js  01*  more  in  the  Army  or  Navy  of  the  United  State 

^.^TplnlfenVuring  the  late  war  of  the  rebellion,  and  who  was  hon 

SS'Sftioed.  °""  orably  discharged  has  died,  or  shall  hereafter  die,  leaving 

a  widow  without  means  of  support  other  than  her  dail; 

co^  to^di^qiS- l^bor,  and  an  actual  net  income  not  exceeding  two  hun 

ifywMow.         ^Y^di  and  fifty  dollars  per  year,  or  minor  children  unde 

the  age  of  sixteen  years,  such  widow  shall,  upon  due  proo 

of  her  husband's  death,  without  proving  his  death  to  b 

the  result  of  his  Army  service,  be  placed  on  the  pensio: 

roll  from  the  date  of  the  application  therefor  under  thi 

^*®*  Act,  at  the  rate  of  eight  dollars  per  month  during  he 

widowhood,  and  shall  also  be  paid  two  dollars  per  mont" 

for  each  child  of  such  officer  or  enlisted  man  under  six 

teen  years  of  age ;  and  in  case  of  the  death  or  remarriag 

of  the  widow,  leaving  a  child  or  children  of  such  office 

Minor's  title,    qj.  enlisted  man  under  the  age  of  sixteen  years,  such  pen 


PENSION   TO  WIDOWS  AND  DEPENDENT  RELATIVES.  65 

sion  shall  be  paid  such  child  or  children  until  the  age 
of  sixteen:  Provided^  That  in  case  a  minor  child  is  in- j J^sane OT^heip- 
isane,  idiotic,  or  otherwise  physically  or  mentally  helpless, 
:he  pension  shall  continue  during  the  life  of  said  child,  ^^Jf^"^^  °' 
Dr  during  the  period  of  such  disability ;  and  this  proviso 
shall  apply  to  all  pensions  heretofore  granted  or  here- 
after to  be  granted  under  this  or  any  former  statute; 
and  such  pensions  shall  commence   from  the   date  of ^c^o ^ m ence- 
application  therefor  after  the  passage  of  this  Act:  And 
provided  further^  That  said  widow  shall  have  married  to^jJS^orma? 
said  soldier  prior  to  the  passage  of  the  said  Act  of  June  ^^^' 
twenty-seventh,  eighteen  hundred  and  ninety. 

That  from  and  after  the  passage  of  this  Act  the  rate  jg^fssiSt.  i!; 
of  pension  for  widows,  minor  children  under  the  age  of  ^^^Cg^^^/^^^:  ^_ 
sixteen  years,  and  helpless  minors  as  defined  by  existing  ^^f%^;  ^  ^'^^' 
laws,  now  on  the  roll  or  hereafter  to  be  placed  on  the 
pension  roll  and  entitled  to  receive  a  less  rate  than  here- 
inafter provided,  shall  be  twelve  dollars  per  month ;  and 
nothing  herein  shall  be  construed  to  affect  the  existing j^JJ^g^J^ ^    p®' 
allowance  of  two  dollars  per  month  for  each  child  under 
the  age  of  sixteen  years  and  for  each  helpless  child ;  and 
all  Acts  or  parts  of  Acts  inconsistent  with  the  provisions 
of  this  Act  are  hereby  repealed :  Provided^  however^  That    No^red^iction. 
this  Act  shall  not  be  so  construed  as  to  reduce  any  pension 
under  any  act,  public  or  private. 

That  if  any  officer  or  enlisted  man  who  served  ninety    wid?vi^of  soi- 
days  or  more  in  the  Army  or  Navy  of  the  United  States  ^^dlyl^etT'^^ 
during  the  late  civil  war  and  who  has  been  honorably 
discharged  therefrom  has  died  or  shall  hereafter  die, 
leaving  a  widow,  such  widow  shall,  upon  due  proof  of  her 
husband's  death,  without  proving  his  death  to  be  the  ^  i>eath  incident 

'  ^  =>.  to  service  not  re- 

result  of  his  army  or  navy  service,  be  placed  on  the  quired. 

pension  roll  from  the  date  of  the  filing  of  her  application 

therefor  under  this  Act  at  the  rate  of  twelve  dollars  per 

month  during  her  widowhood,  provided  that  said  widow 

shall  have  married  said  soldier  or  sailor  prior  to  June  ^^^^e^^jj®' 

twenty-seventh,  eighteen  hundred  and  ninety;  and  the 

benefits  of  this  section  shall  include  those  widows  whose ^  Additional 

cases. 

husbands  if  living  would  have  a  pensionable  status  under 
the  Joint  Resolutions  of  February  fifteenth,  eighteen  hun- 
dred and  ninety-five,  July  first,  nineteen  hundred  and 
two,  and  June  twenty-eighth,  nineteen  hundred  and  six. 
.  That  no  claim  agent  or  attorney  shall  be  recognized  in  ^ttomeys  etc. 
the  adjudication  of  claims  under  the  first  section  of  this  ^®®^ '^*"^^<*- 


66  AB.M.Y  AND   NAVY   PENSIONS. 

Act,  and  that  no  agent,  attorney,  or  other  person  engaged 
in  preparing,  presenting,  or  prosecuting  any  claim  undei 
the  provisions  of  the  second  section  of  this  Act  shall 
directly  or  indirectly,  contract  for,  demand,  receive,  oi 
retain  for  such  services  in  preparing,  presenting,  or  prose 

Amount.  cuting  such  claim  a  sum  greater  than  ten  dollars,  whicl 
sum  shall  be  payable  only  upon  the  order  of  the  Commis 
sioner  of  Pensions  by  the  pension  agent  making  paymeni 
of  the  pension  allowed ;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  or  who  shall  wrong 
fully  withhold  from  the  pensioner  or  claimant  the  whoh 
or  any  part  of  a  pension  or  claim  allowed  or  due  sucl 
pensioner  or  claimant  under  this  Act  shall  be  deemec 
guilty  of  a  misdemeanor,  and  upon  conviction  thereo: 

Penalty.  shall,  f or  eacli  and  every  such  offense,  be  fined  not  exceed 
ing  five  hundred  dollars  or  be  imprisoned  at  hard  labo] 
not  exceeding  two  years,  or  both,  in  the  discretion  o: 
the  court. 

is^f 30  sSt.  h.',     *     *     *     Provided  further,  That  hereafter  no  pensioi 
i379^c.  460,  part.^  yj^^jgj.  ^j^j  ^^^  ^f  ^^iQ  United  States  shall  be  granted 

^^^aym'ent  of  ^^l^^^®^?  ^^  P^i^  ^^  ^^^  widow  of  a  soldicr,  sailor,  officer 

S^^fcSiditioM  i  ^^^'^1  o^  military,  marine,  marine  officer,  or  any  othei 

^^date  of  mar-j^^jg  person  entitled  to  a  pension  under  any  law  of  th( 

United  States,  unless  it  shall  be  proved  and  establishec 

that  the  marriage  of  such  widow  to  the  soldier,  sailor 

officer,  marine,  or  other  person  on  account  of  whose  serv 

ice  the  pension  is  asked,  was  duly  and  legally  contracte( 

and  entered  into  prior  to  the  passage  of  this  Act,  or  un 

less  such  wife  shall  have  lived  and  cohabited  with  sucl 

soldier,  sailor,  officer,  marine,  marine  officer,  or  other  per 

son  continuously  from  the  date  of  the  marriage  to  th' 

date  of  his  death,  or  unless  the  marriage  shall  take  plao 

hereafter  and  prior  to  or  during  the  military  or  nava 

service  of  the  soldier,  sailor,  officer,  marine,  or  other  per 

son  on  account  of  whose  service  the  pension  is  asked  o 

appi^aMeTo^^^^"^^^-     '^^^^  proviso  shall  not  apply  to  or  affect  th 

Spanish  War  ^J(Jq^  of  any  soldier,  sailor,  marine,  officer,  or  marin 

officer  serving  or  who  has  served  in  the  war  between  th 

United  States  and  the  Kingdom  of  Spain. 

Sec.  4704,  R.  s.     j^  the  administration  of  the  pension  laws  children  bor 

Legitimacy    of  ^  ^  , 

cMWren.  before  the  marriage  of  their  parents,  if  acknowledged  b 

1873, 17  kat.  L.;  the  father  before  or  after  the  marriage,  shall  be  deeme 
legitimate. 


PENSION   TO   WIDOWS   AND  DEPENDENT  RELATIVES.  67 

The  widows  of  colored  and  Indian  soldiers  and  sailors  widowl'o?coi- 
h'ho  have  died,  or  shall  hereafter  die,  by  reason  of  wounds  Zme^enmSi^ 
or  injuries  received,  or  casualty  received,  or  disease  con-  sec.  ii.  Mar  3, 
•:racted,  in  the  military  or  naval  service  of  the  United  570; 'sec.  14,  juiy 
States,  and  in  the  line  of  duty,  shall  be  entitled  to  receive  l-,  389;  s^  u, 
che  pension  provided  by  law  without  other  evidence  ^^ f *^j{jn^'i|^'i|!J- 
marriage  than  satisfactory  proof  that  the  parties  were  i4  stat.  l.,' 358.  ' 
joined  in  marriage  by  some  ceremony  deemed  by  them    Evidence  of 

'  .  .  mamage. 

obligatory,  or  habitually  recognized  each  other  as  man 
and  wife,  and  were  so  recognized  by  their  neighbors,  and 
lived  together  as  such  up  to  the  date  of  enlistment,  when 
such  soldier  or  sailor  died  in  the  service,  or,  if  otherwise, 
to  date  of  death ;  and  the  children  born  of  any  marriage  Legitimacy  of 
so  proved  shall  be  deemed  and  held  to  be  lawful  chil- 
dren of  such  soldier  or  sailor,  but  this  section  shall  not 
be  applicable  to  any  claims  on  account  of  persons  who 
enlist  after  the  third  day  of  March,  one  thousand  eight 
hundred  and  seventy-three. 

If  any  person  has  died,  or  shall  hereafter  die,  leiaving    ^Ab^d^iiSi'ent 
a  widow  entitled  to  a  pension  by  reason  of  his  death  and  a  SiLor^hUd   oJ 
child  or  children  under  sixteen  years  of  age  by  such  ^^jj^i^®^    ^^^^^^^^ 
widow,  and  it  shall  be  duly  certified  under  seal  by  any  i8?|^*i7^ster'L^| 
court  having  probate  jurisdiction,  that  satisfactory  evi- ^^^'jg^^- J^- |^t® 
dence  has  been  produced  before  such  court,  upon  due  ^-'^^^il'lJ^Jt^ 
notice  to  the  widow,  that  she  has  abandoned  the  care  of  ^"^^^^t  Aug.  7, 
such  child  or  children,  or  that  she  is  an  unsuitable  per-  Jgf'  ^^  ^**^-  ^•' 
son,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  the  same,  on  presentation  of  satisfactory  evidence 
thereof  to  the  Commissioner  of  Pensions,  no  pension  shall 
be  allowed  to  such  widow  until  such  child  or  children 
shall  have  attained  the  age  of  sixteen  years,  any  pro- 
visions of  law  to  the  contrary  notwithstanding;  and  the 
said  child  or  children  shall  be  pensioned  in  the  same  man- 
ner, and  from  the  same  date,  as  if  no  widow  had  survived    r>ate  of  com- 

'  /  ^  mencement       to 

such  person,  and  such  pension  shall  be  paid  to  the  guar-  mu^or- 
dian  of  such  child  or  children;  but  if  in  any  case  pay- 
ment of  pension  shall  have  been  made  to  the  widow,  the 
pension  to  the  child  or  children  shall  commence  from  the 
date  to  which  her  pension  has  been  paid. 

If  any  person  embraced  within  the  provisions  of  sec-    sec.  4707,  r.  s. 

i»i'i  11  1*  i_ej.-        Succession      of 

tions  torty-six  hundred  and  ninety-two  and  lorty-six  dependent  reia- 
hundred  and  ninety-three  has  died  since  the  fourth  day  sec.  13,  Mar.  3, 
of  March,  eighteen  hundred  and  sixty-one,  or  shall  here- Ifv/sSs^stnai', 

July  14,  1862,  12 
Stat,  L.,  566;  sec.  12,  June  6, 1866, 14  Stat.  L.,  58;  see.  1,  July  27, 1868, 15  Stat.  L.,  236. 


68  ARMY  AND   NAVY   PENSIONS. 

after  die,  by  reason  of  any  Avound,  injury,  casualty,  or 
disease,  which  under  the  conditions  and  limitations  of 
such  sections  would  have  entitled  him  to  an  invalid  pen- 
sion, and  has  not  left  or  shall  not  leave  a  widow  or  legiti- 
mate child,  but  has  left  or  shall  leave  other  relative  or 
relatives  who  were  dependent  upon  him  for  support,  in 
whole  or  in  part,  at  the  date  of  his  death,  such  relative 
or  relatives  shall  be  entitled,  in  the  following  order  of 
precedence,  to  receive  the  same  pension  as  such  person 
would  have  been  entitled  to  had  he  been  totally  disabled, 
Commence- to  commeucc  from  the  death  of  such  person,  namely: 

™^°  '  first,  the  mother ;  secondly,  the  father ;  thirdly,  orphan 

brothers  and  sisters  under  sixteen  years  of  age,  who  shall 

dren;^^ different^®  pensioned  jointly:  Provided^  That  where  orphan  chil- 

SYo^^^ent*^^  ^^^^  of  the  same  parent  have  different  guardians,  or  a 
portion  of  them  only  are  under  guardianship,  the  share 
of  the  joint  pension  to  which  each  ward  shall  be  entitled 
shall  be  paid  to  the  guardian  of  such  ward:  Provided^ 
That  if  in  any  case  said  person  shall  have  left  father  and 
mother  who  were  dependent  upon  him,  then,  on  the  death 
of  the  mother,  the  father  shall  become  entitled  to  the  pen- 

jjj^^o™°^®°ce-sion,  commencing  from  and  after  the  death  of  the 
mother ;  and  upon  the  death  of  the  mother  and  father,  or 
upon  the  death  of  the  father  and  the  remarriage  of  the 
mother,  the  dependent  brothers  and  sisters  under  sixteen 
years  of  age  shall  jointly  become  entitled  to  such  pension 
until  they  attain  the  age  of  sixteen  years  respectively, 
commencing  from  the  death  or  remarriage  of  the  party 
Assumption  ofwho  had  the  prior  right  to  the  pension:  Provided.  That 

dependence,  i,ti  i  ,  ,  i 

when.  a  mother  shall  be  assumed  to  have  been  dependent  upon 

her  son  within  the  meaning  of  this  section  if,  at  the  date 
of  his  death,  she  had  no  other  adequate  means  of  support 
than  the  ordinary  proceeds  of  her  own  manual  labor  and 
the  contributions  of  said  son  or  of  any  other  persons  not 
legally  bound  to  aid  in  her  support;  and  if,  by  actual 
contributions,  or  in  any  other  way,  the  son  had  recog- 
nized his  obligations  to  aid  in  support  of  his  mother,  or 
was  by  law  bound  to  such  support,  and  that  a  father  or 
minor  brother  or  sister  shall,  in  like  manner  and  under 
like  conditions,  be  assumed  to  have  been  dependent,  ex- 
cept that  the  income  which  was  derived  or  derivable  from 
his  actual  or  possible  manual  labor  shall  be  taken  into 
account  in  estimating  a  father's  means  of  independent 
iowed°di]?tag  pel  support :  Provided  further^  That  the  pension  allowed  to 
enc^e  oSy!^^^^^**"  ^^7  pcrsoH  on  account  of  his  or  her  dependence,  as  here- 


PENSION   TO   WIDOWS   AND   DEPENDENT  RELATIVES.  69 

inbefore  provided,  shall  not  be  paid  for  any  period  dur- 
ing which  it  shall  not  be  necessary  as  a  means  of  adequate 
subsistence.^ 

That  in  considering  the  pension  claims  of  dependent ig^f 26'^stet.  l', 
parents,  the  fact  of  the  soldier's  death  by  reason  of  any  i^^,  c.^^4,^ec^i: 
wound,  injury,  casualty,  or  disease  which,  under  the  con-  '■®'^^- 
ditions  and  limitations  of  existing  laws,  would  have  en- 
titled him  to  an  invalid  pension,  and  the  fact  that  the 
soldier  left  no  widow  or  minor  children  having  been 
shown  as  required  by  law,  it  shall  be  necessary  only  to 
show   by   competent   and   sufficient  evidence   that   such 
parent  or  parents  are  without  other  present  means  of 
support  than  their  own  manual  labor  or  the  contribu- 
tions  of   others  not  legally  bound   for  their   support: 
Provided,  That  all  pensions  allowed  to  dependent  par- 
ents under  this  act  shall  commence  from  date  of  the    commence- 
ment of  pension; 

filing  of  the  application  hereunder  and  shall  contmue  no  continuance, 
longer  than  the  existence  of  the  dependence. 

That  the  twenty-third  day  of  March,  eighteen  hun- „  Act  Jan  3,  i887, 
dred  and  eighty-two,  being  the  date  of  finding  the  re- c.  is,  sec.  2 
mains  of  the  commanding  officer  and  others  of  the  said  pf  officers,  etc.. 

=*  -lost  in  wreck  of 

expedition,  shall  be  deemed  and  taken  to  be  the  date  of  steamer  jcon- 

^  '  ette      to      be 

the  decease  of  the  following-named  officers  and  enlisted  Jg™®<^  ^^-  23, 
men  of  the  expedition  who  lost  their  lives  in  the  retreat 
from  the  wreck  of  the  said  steamer  Jeannette,  namely: 
I^ieutenant-Commander  George  W.  De  Long;  Lieuten- 
ant Charles  W.  Chipp;  Passed  Assistant  Surgeon  James 
M.  Ambler;  Jerome  J.  Collins,  meteorologist;  William 
Dunbar,  ice-pilot;  Walter  Lee,  machinist;  Henrich  H. 
Kaack,  Carl  A.  Gortz,  Adolph  Dressier,  Hans  H.  Erich- 
sen,  Ah  Sam,  Alfred  Sweetman,  Henry  D.  Warren,  Peter 
E.  Johnson,  Edward  Star,  and  Albert  G.  Kuehne,  sea- 
men; Nelse  Iverson,  George  W.  Boyd,  and  Walter  Shar- 
vill,  coal-heavers;  and  seaman  Alexy. 

*     *     *     Provided  further.  That  in  any  case  where    sec.3,id.,part. 

.  ■'  '  1  j«i         Twelvemonths' 

heretofore  a  pension  has  been  granted,  or  may  hereafter  pay  appropriated 
in  fact  be  granted,  to  any  such  widow,  child,  or  de- deducted     from 

^  '  "^  '  i.     1      pension    granted 

pendent  parent,  by  reason  of  the  death  of  any  of  ^^e^^widow  or 
persons  named  in  the  second  section  of  this  act,  in  the 
payment  of  such  pension  account  shall  be  taken  of  any 
sum  paid  under  this  act,  and  to  the  extent  of  its  amount 
said  sum  shall  be  in  lieu  and  stead  of  such  pension,  and 
no  further. 

1  See  sec.  1,  act  June  27,  1890,  next  below. 


70  ARMY  AND   NAVY  PENSIONS. 

i8^^^24  stet.  l!'     That  the  widow,  child,  or  children,  or  in  case  there  be 
mrt*^'  ^^'  ^^'  ^'^ot  such,  then  the  surviving  parent  or  parents  of  those 
pa?^to  Sd^ws^or  ^^  ^^^  service  who  were  lost  in  the  wreck  of  the  United 
SSmenoftlS^^^^^s  steamer  Ashuelot,  namely:  William  Gronan,  sea- 
u.s.s.Ashueiot.^^^.  Qeorge  Valentine,  captain  of  the  hold;  Fritz  Rack- 
enbach,    quartermaster;    William    Bronson,    landsman; 
Saint  Leger  Crone,  quarter-gunner;  Ah  Kid,  painter; 
Sun  Shing,  carpenter's  mate;  George  Ashton,  carpenter; 
Ah  Yoo,  landsman;  Andrew  Scotland,  private  marine; 
and  Benjamin  H.  Wohlrab,  landsman,  shall  be  entitled 
to  and  receive,  out  of  any  money  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  as  follows,  to 
wit:  The  relatives,  in  the  order  named,  of  the  persons 
connected  with  the  United  States  steamer  Ashuelot  here- 
inbefore referred  to,  a  sum  equal  to  twelve  months'  sea- 
d  d™ted*  *fr  m  P^^  ^^  ^^^^  persou  lost :  Provided,  That  in  any  case 
pension.  w^hcre  heretofore  a  pension  has  been  granted,  or  may 

hereafter  in  fact  be  granted,  to  any  such  widow,  child, 
or  dependent  parent  by  reason  of  the  death  of  any  of 
the  persons  named  in  this  section,  in  the  payment  of 
such  pension  account  shall  be  taken  of  any  sum  paid  as 
above  provided,  and  to  the  extent  of  its  account  said 
sum  shall  be  in  lieu  and  stead  of  such  pension,  and  no 
further:    *     *     * 
is^fso^JIl  L?:     *    *    *    Provided,  Thsit  nothing  herein  shall  aflect  the 
part!'*  ^^'  ^^'  ^'  right  of  any  of  the  beneficiaries  under  this  Act  to  any 
meiS^fVension  peusion  to  which  they  may  be  entitled  under  existing  law 
stmctfon^of  u.^sl  after  the  expiration  of  one  year  from  said  fifteenth  day 
s.  Maine.  ^^  February,  eighteen  hundred  and  ninety-eight. 

l?mSg?'^'  '^^^  remarriage  of  any  widow,  dependent  mother,  or 
i873^i7^ster'L '  ^^P^^^^^^  sister,  entitled  to  pension,  shall  not  bar  her 
jSy^^H*  1862^  1^2  ^^S^^  to  such  peusiou  to  the  date  of  her  remarriage, 
7* July 4 ^li^i  whether  an  application  therefor  was  filed  before  or  after 
6%y  25^6^?4  such  marriage ;  but  on  the  remarriage  of  any  widow,  de- 
i^jiJv  ^.^'isSjP^^^^^^  mother,  or  dependent  sister,  having  a  pension, 
15  Stat.  L.,  237.    g^ch  peusiou  shall  cease. 

i9w^*3i  S  L^'  That  section  forty-seven  hundred  and  eight  of  the  laws 
i4|£e.^865,  gc.^i!  of  the  United  States  governing  the  granting  of  army  and 
^S^t'Feb  28*  "^^y  pensions  be,  and  the  same  is,  amended  to  read  as 

1903T3'2StaVL.;  follows: 

Pension  of  The  remarriage  of  any  widow,  dependent  mother,  or 
StZotherflte.,  dependent  sister  entitled  to  pension  shall  not  bar  her  right 
riage.  to  such  pcusiou  to  the  date  of  her  remarriage,  whether  an 


PENSION   TO   WIDOWS   AND  DEPENDENT  RELATIVES.  71 

application  therefor  was  filed  before  or  after  such  mar- 
riage; but  on  the  remarriage  of  any  widow,  dependent 
mother,  or  dependent  sister  having  a  pension,  such  pen- 
sion shall  cease:  Provided^  however^  That  any  widow  who g^^g^^jf^i^jj ®; 
was  the  lawful  wife  of  any  officer  or  enlisted  man  in  the  ^fdowhood  Vby 
Army,  Navy,  or  Marine  Corps  of  the  United  States,  dur- Jjjje)^  p^^I 
ing  the  period  of  his  service  in  any  war,  and  whose  name  ^ided— 
was  placed  or  shall  hereafter  be  placed  on  the  pension 
roll  because  of  her  husband's  death  as  the  result  of  wound 
or  injury  received  or  disease  contracted  in  such  military 
or  naval  service,  and  whose  name  has  been  or  shall  here- 
after be  dropped  from  said  pension  roll  by  reason  of  her 
marriage  to  another  person  who  has  since  died  or  shall 
hereafter  die,  or  from  whom  she  has  been  heretofore  or 
shall  be  hereafter  divorced,  upon  her  own  application  and 
without  fault  on  her  part,  and  if  she  is  without  means  of 
support  other  than  her  daily  labor  as  defined  by  the  Acts 
of  June  twenty-seventh,  eighteen  hundred  and  ninety, 
and  May  ninth,  nineteen  hundred,  shall  be  entitled  to 
have  her  name  again  placed  on  the  pension  roll  at  the 
rate  now  provided  for  widows  by  the  Acts  of  July  four- 
teenth, eighteen  hundred   and   sixty-two,  March  third, 
eighteen  hundred   and  seventy-three,   and  March  nine- 
teenth, eighteen  hundred  and  eighty-six,  such  pension  tOj^^^^™/^®^?^^- 
commence  from  the  date  of  the  filing  of  her  application 
in  the  Pension  Bureau  after  the  approval  of  this  Act :  ^ 
And  ^provided  further^  That  where  such  widow  is  already  ^j?^^°^ 5  n^l^'^^g^jj 
in  receipt  of  a  pension  from  the  United  States  she  shall  ^^°^* 
not  be  entitled  to  restoration  under  this  Act:  And  pro- 
vided further.  That  where  the  pension  of  said  widow  on  -^^  pension  has 

'  ^  ,  -"^  accrued  to  minor 

her  second  or  subsequent  marriage  has  accrued  to  a  help- or  heipie^cwid 

less  or  idiotic  child,  or  a  child  or  children  under  the  age 

of  sixteen  years,  she  shall  not  be  entitled  to  restoration 

under  this  Act  unless  said  helpless  or  idiotic  child,  or  child 

or  children  under  sixteen  years  of  age,  be  then  a  member 

or  members  of  her  family  and  cared  for  by  her,  and  upon 

the  restoration  of  said  widow  the  payment  of  pension  to 

said  child  or  children  shall  cease.^ 

No  claim  agent  or  other  person  shall  be  entitled  to  re-  ^.^-^ild. 

.  t,  .  .  No  attorney 

ceive  any  compensation  for  services  m  making  applica-'®®- 
tion  for  pension  under  this  Act. 

1  Right  of  election  under  sec.  4715,  however,  exists.     13  P.  D.,  378. 

2  See  act  Feb.  28,  1903,  following,  for  amendment. 


72  ARMY  AND    NAVY   PENSIONS. 

i9^^^32^tat^L  That  section  forty-seven  hundred  and  eight  of  the 
^^fdowl'' ^^*en- ^^^^  ^^  *^^®  United  States  governing  the  granting  of 
sion;  remarriage,  army  and  navy  pensions,  be,  and  the  same  is,  amended 

to  read  as  follows : 
amended.  ^^^^     "  Sec.  4708.  The  remarriage  of  any  widow,  dependent 
in^wflowho^d- mother,  or  dependent  sister  entitled  to  pension  shall  not 
mImS  ^^  ^^  ^^^  ^^^  right  to  such  pension  to  the  date  of  her  remar- 
riage, whether  an  application  therefor  was  filed  before 
or  after  such  marriage;  but  on  the  remarriage  of  any 
widow,  dependent  mother,  or  dependent  sister  having  a 
re?ewlT^do^ peiision  such   peusiou   shall   cease:   Provided,   however, 
hood.  Sec.  4693.  That  any  widow  who  was  the  lawful  wife  of  any  officer 
or  enlisted  man  or  other  person  in  the  Army,  Navy,  or 
Marine  Corps  of  the  United  States,  as  described  in  para- 
graphs one,  two,  and  three  of  section  forty-six  hundred 
and  ninety-three  of  the  Revised  Statutes  of  the  United 
States,  during  the  period  of  his  service  in  any  war,  and 
whose  name  w^as  placed  or  shall  hereafter  be  placed  on  the 
pension  roll  because  of  her  husband's  death  as  the  result 
of  wound  or  injury  received  or  disease  contracted  in  such 
military  or  naval  service,  and  whose  name  has  been  or 
shall  hereafter  be  dropped  from  said  pension  roll  by  rea- 
son of  her  marriage  to  another  person  who  has  since 
died  or  shall  hereafter  die,  or  from  whom  she  has  been 
heretofore  or  shall  be  hereafter  divorced,  upon  her  own 
application  and  without  fault  on  her  part,  and  if  she  is 
without  means  of  support  other  than  her  daily  labor,  as 
Acts  June  27,  defined  by  the  Acts  of  June  twenty-seventh,  eighteen  hun- 

1890,  26  Stat.  L.,  .  -i   mr  •       i    '      • 

182;  May  9, 1900,  drcd  and  ninetv,  and  May  ninth,  nineteen  hundred,  shall 

31  Stat.  L.,  170;  •   i     i  i  i  •  i  i  ,  • 

July  14,  1862,  12  be  entitled  to  have  her  name  affain  placed  on  the  pension 

Stat.  L.,  567;  Mar.  »  r'  r- 

3,  1873,  17  Stat,  roll  at  the  rate  now  provided  for  widows  bv  the  Acts  of 

L.,  569;  Mar.  19,  .     ^ 

1886, 24  Stat.  L., 5.  July  fourteenth,  eighteen  hundred  and  sixty-two,  March 

Rate.  third,  eighteen  hundred  and  seventy-three,  and  March 

nineteenth,  eighteen  hundred  and  eighty-six,  such  pen- 

commene  e-  sion  to  Commence  from  the  date  of  the  filing  of  her  appli- 

ment  of  pension.  .  -r»         •         -r»  /•  i       p     i  • 

cation  in  the  Pension  Bureau  after  the  approval  of  this 
if^rawin?*p^-^ct:  And  provided  furtlier,  That  where  such  widow  is 
^^^^'  already  in  receipt  of  a  pension  from  the  United  States 

she  shall  not  be  entitled  to  restoration  under  this  Act: 
tit^dTo  ^StolS  ^^  WO'^^^d  further,  That  where  the  pension  of  said 
tme^'  °^^^°'^^'  widow  on  her  second  or  subsequent  marriage  has  accrued 
to  a  helpless  or  idiotic  child,  or  a  child  or  children  under 
the  age  of  sixteen  years,  she  shall  not  be  entitled  to  restor- 
ation under  this  Act  unless  said  helpless  or  idiotic  child. 


PENSION   TO   WIDOWS  AND  DEPENDENT  RELATIVES.  73 

or  child  or  children  under  sixteen  years  of  age,  be  then 
a  member  or  members  of  her  family  and  cared  for  by  her, 
and  upon  the  restoration  of  said  widow  the  payment  of 
pension  to  said  child  or  children  shall  cease." 

That  the  provisions  of  this  act  shall  be  extended  to    widowJbarred 
those  widows  otherwise  entitled  whose  husbands  died  of  Jg^g^^g^^-L^, 
wounds,  injuries,  or  disease  contracted  during  the  period  ^99, entitled. 
of  their  military  or  naval  service,  but  who  were  deprived 
of  pension  under  the  Act  of  March  third,  eighteen  hun- 
dred and  sixty-five,  because  of  their  failure  to  draw  any 
pension  by  reason  of  their  remarriage. 

That  no  claim  agent  or  other  person  shall  be  entitled  to    sec.s.id. 

.         «  .  .  ,  .  ,.  No    attorneys' 

receive  any  compensation  for  services  in  making  applica-  feeauowed. 
tion  for  pension  under  this  Act. 

That  in  considering  claims  filed  under  the  pension  i8%f  29^St.  l^,' 
laws,  the  death  of  an  enlisted  man  or  officer  shall  be  con-  ^^D*e^th  pre- 
sidered  as  sufficiently  proved  if  satisfactory  evidence  isgeSe?  ^^^^  ^^ 
produced  establishing  the  fact  of  the  continued  and  un- 
explained absence  of  such  enlisted  man  or  officer  from  his 
home  and  family  for  a  period  of  seven  years,  during 
which  period  no  intelligence  of  his  existence  shall  have 
been  received.^    And  any  pension  granted  under  this  Act  wK^'^^  ^^^^' 
shall  cease  upon  proof  that  such  officer  or  enlisted  man  is 
still  living. 

No  pension  shall  be  granted  to  a  widow  for  the  same    Ifme^for'whidi 

timp  that  hpr  hiishanrl  rpopivpd  one  a  widow  shall  not  receive  a  pension, 

liine  Liidt  iiei  nubuaiiu  leceiveu  uiie.  Act  Apr.  30, 1844,  5  Stat.  L, 657.  See  reso- 

lution Jan,  23, 1845,  5  Stat.  L.,  796. 

^  Accrued  pension  ;  invalid  claims.     12  P.  D.,  208. 


Chapter  V. 
NAVY  AND  PRIVATEER  PENSION  FUND. 


Sec,  4758,  R.  S.  Secretary  Of  the  Navy  to 

be  trustee  of  the  privateer  pension  fund. 
Sec.    4759,    R.    S.  Privateer    pension   fund, 

how  derived. 
Sec.  4760,  R.  S.  Privateer  pension  fund  to 

be  paid  into  the  Treasury. 
Sec.    4761.  R.    S.  Wounded    privateersmen 

to  be  placed  on  the  pension  list. 
Sec.    4762,    R,    S.  Commanding   oflScers    of 

privateers    to    enter    names,    etc.,    in    a 

journal. 
Sec.   4763,   R.   S.  Transcript  of  journal  to 

be  transmitted   to   the   Secretary   of  the 

Navy. 


Sbc.  4750,  R.  S.  Secretary  of  the  Navy  to 
be  trustee  of  the  Navy  pension  fund. 

Sec.  4751,  R.  S.  Creation  of  the  Navy  pen- 
sion fund. 

Sec.  4752,  R.  S.  Creation  of  the  Navy  pen- 
sion fund. 

Sec.  4753,  R.  S.  Investment  of  the  Navy 
pension   fund. 

Sec.  4754,  R.  S.  Rate  of  interest  on  Navy 
pension   fund. 

Sec.  4755,  R.  S.  Navy  pensions  payable 
from  fund. 

Sec.  4756,  R.  S.  Half  rating  to  disabled 
enlisted  persons  serving  20  years  in  Navy 
or  Marine  Corps. 

Sec.  4757,  R.  S.  Disabled  enlisted  persons 
entitled  to  receive  aid  after  10  years' 
service. 


The  Secretary  of  the  Navy  shall  be  trustee  of  the  Navy    |^crlTa?y^of 

i^on  oi  r\T^  fimri  the  Navy  shall  be  trustee  of  Navy  pension  fund. 

pension-iuna.  g^  j -^ j^jy  ^^^  ^^^2, 4  stat.  l.,  572. 

All  penalties  and  forfeitures  incurred  under  the  pro-    len^tfiA'cw 
visions  of  sections  twenty-four  hundred  and  sixty-one,  ^J^^®  ^"®^  ^^^' 
twenty-four  hundred  and   sixty-two,  twenty-four   hun- jgff^/^^^^L^I 
dred  and  sixty-three,  title  "  The  Public  Lands,"  shall  ^'^^' 
be  sued  for,  recovered,  distributed,  and  accounted  for 
under  the  directions  of  the  Secretary  of  the  Navy,  and 
shall  be  paid  over,  one-half  to  the  informers,  if  any,  or 
captors,  where  seized,  and  the  other  half  to  the  Secretary 
of  the  Navy  for  the  use  of  the  Navy  pension-fund;  and 
the  Secretary  is  authorized  to  mitigate,  in  whole  or  in 
part,  on  such  terms  and  conditions  as  he  deems  proper, 
by  an  order  in  writing,  any  fine,  penalty,  or  forfeiture  so 
incurred.^ 

All  money  accruing  or  which  has  already  accrued  to    sec.4752,R.s. 
the  United  States  from  sale  of  prizes  shall  be  and  remain  accruing  to  the 
forever  a  fund  for  the  payment  of  pensions  to  the  officers,  remain   a  fund 
seamen,  and  marines  who  may  be  entitled  to  receive  the  °se^.  ii,Juiyi7, 
same;  and  if  such  fund  be  insufficient  for  the  purpose, 607.' 
the  public  faith  is  pledged  to  make  up  the  deficiency; 
but  if  it  should  be  more  than  sufficient,  the  surplus  shall 


1  See  act  June  3,  1878,  20  Stat.  L.,  90,  c.  51,  sec.  5. 


75 


76  ARMY  AND   NAVY  PENSIONS. 

be  applied  to  the  making  of  further  provision  for  the 
comfort  of  the  disabled  officers,  seamen,  and  marines. 
N^vy^e^on     ^^®  Secretary  of  the  Navy,  as  trustee  of  the  naval  pen- 
invest^°^  *^  ^  ^^^^  fund,  is  directed  to  cause  to  be  invested  in  the  reg- 
Ju&^i,^i864,%3^^*®^^^  securities  of  the  United  States,  on  the  first  day  of 
stat.L.,414.       January  and  the  first  day  of  July  of  each  year,  so  much 
of  such  fund  then  in  the  Treasury  of  the  United  States 
as  may  not  be  required  for  the  payment  of  naval  pen- 
.  sions  for  the  then  current  fiscal  year ;   and  upon  the 
requisition  of  the  Secretary,  so  much  of  the  fund  as  may 
not  be  required  for  such  payment  of  pensions  accruing 
during  the  current  fiscal  year  shall  be  held  in  the  Treas- 
ury on  the  days  above  named  in  each  year,  subject  to  his 
order,  for  the  purpose  of  such  immediate  investment; 
and  the  interest  payable  in  coin  upon  the  securities  in 
which  the  fund  may  be  invested,  shall  be  so  paid,  when 
due,  to  the  order  of  the  Secretary  of  the  Navy,  and  he 
is  authorized  and  directed  to  exchange  the  amount  of 
such  interest  when  paid  in  coin,  for  so  much  of  the 
legal  currency  of  the  United  States  as  may  be  obtained 
therefor  at  the  current  rates  of  premium  on  gold,  and  to 
deposit  the  interest  so  converted  in  the  Treasury  to  the 
credit  of  the  naval  pension-fund;   but   nothing  herein 
contained  shall  be  construed  to  interefere  with  the  pay- 
ment of  naval  pensions  under  the  supervision  of  the 
Secretary  of  the  Interior  as  regulated  by  law. 
Sec.  4754,  R.  s.       The  interest  on  the  naval  pension-fund  shall  hereafter  be 

Rate  of  interest  ^  •     i        j    i 

on  naval  pension  ^t  the  rate  of  three  per  centum  per  annum  m  lawful  money. 

Sec.  2,  July  23, 1868, 15  Stat.  L.,  170. 

Nav^^^eSions  '^^^  Navy  pcusious  shall  be  paid  from  the  Navy  pen- 
pay  able  from  g^Qj^.f un(j^  but  no  payments  shall  be  made  therefrom  ex- 
i8^cf\6"stet.  l!'  ^^P*-  ^P^^  appropriations  authorized  by  Congress. 
^sec.4756,R.s.  There  shall  be  paid  out  of  the  naval  pension  fund  to 
diSbiid^e^lted  every  person  who,  from  age  or  infirmity,  is  disabled  from 
ioyearein^^Navlsea  scrvice,  but  who  has  served  as  an  enlisted  person,  or 
°'Acf'^Ma?.'''^2;as  an  appointed  petty  officer,  or  both,  in  the  Navy  or 
sie^'and^lme^d:  Marine  Corps  for  the  period  of  twenty  years,  and  not 
S86,*2'4  s^S:  Slbeen  discharged  for  misconduct,  in  lieu  of  being  provided 
^*  with  a  home  in  the  Naval  Asylum,  Philadelphia,  if  he 

so  elects,  a  sum  equal  to  one-half  the  pay  of  his  rating  at 
the  time  he  was  discharged,  to  be  paid  to  him  quarterly, 
under  the  direction  of  the  Commissioner  of  Pensions; 
Appucation  to  and  applications  for  such  pension  shall  be  made  to  the 
retard ofNavy!^" Secretary  of  the  Navy,  who,  upon  being  satisfied  that 


NAVY  AND  PRIVATEER  PENSION   FUND.  77 

the  applicant  comes  within  the  provisions  of  this  section, 
shall  certify  the  same  to  the  Commissioner  of  Pensions, 
and  such  certificate  shall  be  his  warrant  for  making  pay- 
ment as  herein  authorized.^ 

Every  disabled  person  who  has  served  in  the  Navy  or    |ea4757,R.s. 
Marine  Corps  as  an  enlisted  man,  or  as  an  appointed ^ ^ ^ s  than  lo 

■^  ,'  ^^  years,  majr re- 

petty  officer,  or  both,   for  a  period  not  less  than  ten  ^eive  what  afd^^ 

years,  and  not  been  discharged  for  misconduct,  may  apply  f^^^  ^'  ^^'^'  ^^ 
to  the  Secretary  of  the  Navy  for  aid  from  the  surplus  ^^^^^g^^^^^^^^J 
income  of  the  naval  pension- fund ;  and  the  Secretary  of  f^^2Ts?aT*L' 
the  Navy  is  authorized  to  convene  a  board  of  not  less  than  ^^•' 
three  naval  officers,  one  of  whom  shall  be  a  surgeon,  to 
examine  into  the  condition  of  the  applicant,  and  to  rec- 
ommend a  suitable  amount  for  his  relief,  and  for  a  speci- 
fied time,  and  upon  the  approval  of  such  recommendation 
by  the  Secretary  of  the  Navy,  and  a  certificate  thereof  to 
the  Commissioner  of  Pensions,  the  amount  shall  be  paid 
in  the  same  manner  as  is  provided  in  the  preceding  sec- 
tion for  the  payment  to  persons  disabled  by  long  service 
in  the  Navy ;  but  no  allowance  so  made  shall  exceed  the 
rate  of  a  pension  for  full  disability  corresponding  to  the 
grade  of  the  applicant,  nor,  if  in  addition  to  a  pension, 
exceed  one-fourth  the  rate  of  such  pension.^ 
The  Secretary  of  the  Navy  shall  be  trustee  of  the  pri-    |2retl?f^*^of 

vateer  nension-fimd  Navy  trustee  of  privateer  pension  fund. 

Two  per  centum  on  the  net  amount,  after  deducting    IrivS'r^'^n- 
all  charges  and  expenditures,  of  the  prize  money  arising  ^°^^J^°^'  ^^ 
from  captured  vessels  and  cargoes,  and  on  the  net  amount  ig^^^^stat^^if' 
of  the  salvage  of  vessels  and  cargoes  recaptured  by  the^^- 
private  armed  vessels  of  the  United  States,  shall  be  se- 
cured and  paid  over  to  the  collector  or  other  chief  officer 
of  the  customs  at  the  port  or  place  in  the  United  States 
at  which  such  captured  or  recaptured  vessels  may  arrive ; 
or  to  the  consul  or  other  public  agent  of  the  United  States 
residing  at  the  port  or  place,  not  within  the  United 
States,  at  which  such  captured  or  recaptured  vessel  may 
arrive.     And  the  moneys  arising  therefrom  are  pledged 
by  the  Government  of  the  United  States  as  a  fund  for 

1  See  note  under  sec.  4757,  R.  S. 

2  Sees.  47.56  and  4757,  R.  S.,  as  amended  by  act  Dec.  23,  1886,  24  Stat, 
L.,  353,  c.  9  (as  construed  by  Secretary  of  the  Interior,  12  P.  D.,  166), 
grant  money  benefits  over  the  allowance  of  which  the  Commissioner  of  Pen- 
sions has  no  jurisdiction,  and  are  intended  to  be  a  further  provision  for  the 
support  of  the  beneficiaries  thereunder  in  addition  to  the  pension  granted 
by  the  pension  laws.  Sec.  4715,  R.  S.,  and  proviso  of  second  section  of  act 
June  27,  1890,  have  no  application  to  this  class  of  cases, 


78  ARMY  AND   NAVY   PENSIONS. 

the  support  and  maintenance  of  the  widows  and  orphans 
of  such  persons  as  may  be  slain,  and  for  the  support  and 
maintenance  of  such  persons  as  may  be  wounded  and  dis- 
abled on  board  of  the  private  armed  vessels  of  the  United 
States  in  any  engagement  with  the  enemy,  to  be  assigned 
and  distributed  in  such  manner  as  is  or  may  be  provided 
by  law. 
Sec.  4760,  R.s.      The  two  per  centum  reserved  in  the  hands  of  the  col- 

To  be  paid  into  ■'■ 

^^S^r'r^b  13  -^^^t^^^  ^^^  consuls  by  the  preceding  section,  shall  be  paid 
1813,  2  'stat.  L.^  to  the  Trcasury,  under  the  like  regulations  provided  for 
other  public  money,  and  shall  constitute  a  fund  for  the 
purposes  provided  for  by  that  section. 
Sec. 4761, R.s.       xhe  Secretary  of  the  Interior  is  required  to  place  on 
K^^fSd  0?°  n-  ^^^^  pension-list,  under  the  like  regulations  and  restrictions 
^^8^2*  Feb  13  ^^  ^^®  ^^^^  ^^  relation  to  the  Navy  of  the  United  States, 
799^'au  ^^^'isis' ^^5^  officer,  seaman,  or  marine,  who,  on  board  of  any 
3  Stat.  L.,  86.      private  armed  vessel  bearing  a  commission  of  letter  of 
marque,  shall  have  been  w^ounded  or  otherwise  disabled 
in  any  engagement  with  the  enemy,  or  in  the  line  of 
their  duty  as  officers,  seamen,  or  marines  of  such  pri- 
vate armed  vessel;  allowing  to  the  captain  a  sum  not 
exceeding  twenty  dollars  per  month;  to  lieutenants  and 
sailing-master  a  sum  not  exceeding  twelve  dollars  each 
per  month;  to  marine  officer,  boatswain,  gunner,  carpen- 
ter, master's  mate,  and  prize  masters  a  sum  not  exceeding 
ten  dollars  each  per  month ;  to  all  other  officers  a  sum  not 
exceeding  eight  dollars  each  per  month,  for  the  highest 
rate  of  disability,  and  so  in  proportion;  and  to  a  sea- 
man, or  acting  as  a  marine,  the  sum  of  six  dollars  per 
month,  for  the  highest  rate  of  disability,  and  so  in  pro- 
portion;   which   several    pensions   shall   be   paid    from 
moneys  appropriated  for  the  payment  of  pensions. 
Sec.  4762,  R.  s.      The  Commanding  officer  of  every  vessel  havinsr  a  com- 

Commanding       .      .  *=  i  •      i       i     n 

officers  of  priva-  mission,  or  letters  of  marque  and  reprisal,  shall  enter  in 
names,  etc.,  in  a  his  loumal  the  name  and  rank  of  any  officer,  and  the 

journal.  «'  .,.,.*^..  ,, 

.^^^^^^'cl'^.^-.^^'name  of  any  seaman,  who,  during  his  cruise,  is  wounded 

1813,  2  Stat.  L.,  "^  -1  •  1  T 

800.  or  disabled,  describing  the  manner  and  extent,  as  far  as 

practicable,  of  such  wound  or  disability. 

Transcri' ?■  ^of     Evcry  collcctor  shall  transmit  quarterly  to  the  Secre- 

t?aSmitted°   \t^^^J  ^^  ^^®  Navy  a  transcript  of  such  journals  as  may 

^cretary  of  the  havc  been  reported  to  him,  so  far  as  it  gives  a  list  of  the 

i8ir*2^'stat^'  if'  officers  and  crew,  and  the  description  of  wounds  and 

^-'  disabilities,  the  better  to  enable  the  Secretary  to  decide 

on  claims  for  pensions. 


Chapter  VI. 
APPLICATIONS  AND  ATTORNEYS. 


Sec.  4748,  R.  S.  Commissioner  of  Pensions 
to  furnish  printed  instructions  and 
forms  without  charge. 

Sec.  4714,  R.  S.  Declarations,  how  exe- 
cuted. 

Act  July  1,  1890.  Oaths  to  declarations, 
vouchers,  etc.,  may  be  taken  before  officer 
authorized  to  administer  for  general  pur- 
poses. 

Joint  Resolution  Sept.  1,  1890.  Oaths, 
etc. ;  certificates  of  official  character,  etc. 

Act  July  26,  1892.  Declarations,  etc.,  he- 
fore  whom  executed. 

Sec.  1778,  R.  S.  Oaths,  etc.,  before  United 
States  commissioners. 

Act  June  28,  1906.  United  States  com- 
missioners to  have  seal. 

Sec.  2064,  R.  S.  Indian  agents  authorized 
to  take  acknowledgments  in  certain 
cases. 

Sec.  4721,  R.  S.  Indiat  claims  for  pen- 
sion, before  whom  executed. 

Act  Apr.  5,  1906,  Sec.  5.  Consular  officers 
required  to  administer  oaths,  etc. 

Act  Apr.  5,  1906,  Sec.  10.  Consular  officer 
must  affix  stamp  to  document  executed 
before  him,  otherwise  paper  is  invalid. 

Sec.  190,  R.  S.  Persons  formerly  In  de- 
partments not  to  prosecute  claims  against 
the  United  States  until  after  two  years 
from  separation  from  service. 

Act  June  29,  1906.  Notaries  public  in  the 
District  of  Columbia  not  disqualified  from 
prosecuting  claims  against  the  United 
States. 

Sec.  3478,  R.  S.  Oath  to  be  taken  by  agent 
or  attorney. 

Sec.  3479,  R.  S.  Who  may  administer  oath 
to  attorney. 

Act  Mar.  4,  1911.  Secretary  of  the  In- 
terior to  pay  expenses  of  securing  and 
preparing  testimony  relative  to  disbar- 
ment proceedings. 


Sec.  4768,  R.  S.  Commissioner  of  Pensions 
to  transmit  pension  certificate  and  one 
of  the  articles  of  agreement  to  pension 
agent,  etc. 

Sec.  4769,  R.  S.  Pension  agent's  duty  on 
receipt  of  agreement. 

Act  July  4,  1884.  Attorney  fee  in  pension 
claims. 

Act  Mar.  3,  1891.  Attorney  fee  in  increase 
and  special  act  claims. 

Act  May  28,  1908.  No  fee  allowed  for 
services  in  connection  with  securing  pen- 
sion by  special  act  of  Congress. 

Act  June  27,  1890,  Sec.  4.  Attorney  fee 
limited  to  $10  in  claims  under  said  act. 

Act  Apr.  19,  1908,  Sec.  3.  Attorney  fee 
limited  to  $10  in  claims  under  section  2 
of  said  act. 

Act  Aug.  5,  1892,  Sec.  2.  No  fee  to  be  paid 
to  attorney  in  cases  under  this  act. 

Act  July  4,  1884,  part.  No  fee  allowed 
for  securing  arrears  of  pension. 

Act  Mar.  19,  1886,  Sec.  2.  No  fee  allowed 
in  claims  under  this  act. 

Act  Mar.  3,  1901,  Sec.  2.  Attorney  fee 
prohibited  in  claims  of  remarried  widows. 

Act  Feb.  28,  1903,  Sec.  3.  Attorney  fee 
prohibited  in  claims  under  this  act. 

Act  Feb.  6,  1907,  Sec.  3.  Attorneys  not 
entitled  to  compensation  for  services 
rendered  in  claims  under  this  act. 

Act  June  27,  1902.  Fee  contracts  made 
prior  to  passage  of  this  act  by  prospec- 
tive beneficiaries  thereunder  are  null  and 
void. 

Act  May  30,  1908.  Contracts  with  attor- 
neys, etc.,  made  prior  to  passage  of  this 
act  are  null  and  void. 

Table  of  attorney  fees. 

Attorneys,  rules  of  practice  before  the 
Bureau  of  Pensions. 

Rules  of  practice  in  appeal  cases  before 
THE  Secretary  of  the  Interior. 


Sec.  4748,  R.  S. 
Com  missioner 


That  the  Commissioner  of  Pensions,  on  application 
being  made  to  him  in  person,  or  by  letter,  by  any  claim-  I^Jtraetions^^fS 
ant  or  applicant  for  pension,  bounty-land,  or  other  allow-  °^se<f^22^'actMar 
ance  required  by  law  to  be  adjusted  or  paid  by  the  Pen-  ^  ^i^l's^l  ^^^{ 
sion-Office,  shall  furnish  such  person,  free  of  all  expense,  l^^  ^^'  ^^'  ^^ 
all  such  printed  instructions  and  forms  as  may  be  neces- 

73814°— 13 7  79 


80  ARMY  AND   NAVY  PENSIONS. 

sary  in  establishing  and  obtaining  said  claim ;  and  on  the 
issuing  of  a  certificate  of  pension  or  of  a  bounty-land 
warrant  he  shall  forthwith  notify  the  claimant  or  appli- 
cant, and  also  the  agent  or  attorney  in  the  case,  if  there 
be  one,  that  such  certificate  has  been  issued,  or  allowance 
made,  and  the  date  and  amount  thereof. 
Sec.  4714,  R.s.       Declarations  of  pension  claimants  shall  be  made  before 

Declaration    of  tip  /x^  i  ^  i         - 

claimants.  a  court  ot  record,  or  before  some  omcer  thereof  having 

custody  of  its  seal,  said  officer  hereby  being  fully  author- 
ized and  empowered  to  administer  and  certify  any  oath 
or  affirmation  relating  to  any  pension  or  application 
therefor:  Provided,  That  the  Commissioner  of  Pensions 
may  designate,  in  localities  more  than  twenty-five  miles 
distant  from  any  place  at  which  such  court  is  holden, 
persons  duly  qualified  to  administer  oaths,  before  whom 
declarations  may  be  made  and  testimony  taken,  and  may 
accept  declarations  of  claimants  residing  in  foreign  coun- 
tries, made  before  a  United  States  minister  or  consul,  or 
before  some  officer  of  the  country  duly  authorized  to  ad- 
minister oaths  for  general  purposes,  and  whose  official 
character  and  signature  shall  be  duly  authenticated  by 
the  certificate  of  a  United  States  minister  or  consul; 
declarations  in  claims  of  Indians  made  before  a  United 
States  agent;  and  declarations  in  claims  under  the  pro- 
visions of  this  Title  relating  to  pensions  for  services  in 
the  war  of  eighteen  hundred  and  twelve,  made  before 
an  officer  duly  authorized  to  administer  oaths  for  general 
purposes,  when  the  applicants,  by  reason  of  infirmity  of 
age,  are  unable  to  travel:  Provided,  That  any  declara- 
tion made  before  an  officer  duly  authorized  to  administer 
oaths  for  general  purposes  shall  be  accepted  to  exempt  a 
claim  from  the  limitation  as  to  date  of  filing  prescribed 
in  section  forty-seven  hundred  and  nine. 

.A^^M^hJ^^'     That  any  and  all  affidavits  and  declarations  to  be  here- 

26  Stat.  Li.,  209,  c-  ,  , 

646.        .  after  made  or  used  m  any  pension  or  bounty  cases,  or  in 

sion,  etc.,  cases,    claims  affainst  the  Government  for  back  pay  or  arrears 

Sec.  4714,  R.  S.,  .  =*  ,  ^    -^ 

amended.  or  increase  of  pension,  or  for  quarterly  vouchers,  may  be 

office?  ^"*^°"^^^  taken  by  any  officer  authorized  to  administer  oaths  for 

general  purposes  in  the  State,  City,  or  county  where  said 

officer  resides.     If  such  officer  has  a  seal  and  uses  it  upon 

such  paper,  no  certificate  of  a  county  clerk,  or  prothono- 

tary,  or  clerk  of  a  court  shall  be  necessary ;  but  when  no 

Certification,  seal  is  used  by  the  officer  taking  such  affidavit,  then  a 

cleric,  etc.  clerk  of  a  court  of  record,  or  a  county  or  city  clerk,  shall 


APPLICATIONS   AND   ATTORNEYS.  81 

affix  his  official  seal  thereto,  and  shall  certify  to  the  signa- 
ture and  official  character  of  said  officer. 

That  the  act  approved  July  first,  eighteen  hundred  and  sept^i'1m'°2? 
ainety,  entitled  "  An  act  in  relation  to  oaths  in  pension  f^^^-  ^ '  ^'^'  *"• 
and  other  cases,"  be,  and  the  same  is  hereby,  amended  sion^cales"^  ^"" 
and  contrued  to  mean  that  when  declarations,  affidavits, 
and  other  papers  are  verified  by  justices  of  the  peace  and  oSMfharacte?! 
other  officers  duly  authorized  by  law  to  administer  oaths  ^*^- 
for  general  persons  (sic) ,  but  not  required  by  law  to  have 
seals,  the  official  character,  signature,  and  term  of  service 
of  such  justice  or  other  officer  shall  be  certified  by  the 
clerk  of  the  county  or  court  of  record  or  other  proper 
officer,  under  the  seal  of  such  county  or  court  or  public 
officer  in  the  department  or  bureau  in  which  such  papers 
are  to  be  used ;  and  one  suqji  certificate  duly  filed  in  such    one  sufficient, 
department  or  bureau,  or  with  any  pension  agent,  shall 
be  sufficient  as  to  all  verifications  of  such  officer  during 
his  official  term,  and  all  papers  here tobef ore  or  hereafter 
filed  shall  be  subject  to  this  rule. 

That  declarations  of  pension  claimants  shall  be  made^^^^^g^^^^^y.  ^6' 
before  a  court  of  record,  or  before  some  officer  thereof  272,0. 255,  sec.  i. 

'  D  e  c  1  a  r  ations 

having  custody  of  its  seal,  or  before  some  officer,  who,  a°dottier  papers 
under  the  laws  of  his  State,  city  or  county,  has  authority  ^{ed  ^^°°^  ^^^' 
to  administer  oaths  for  general  purposes ;  and  said  officers 
are  hereby  fully  authorized  and  empowered  to  administer 
and  certify  any  oath  or  affirmation  relating  to  any  pen- 
sion or  application  therefor:  Provided^  That  where  such  q^^^^^^, "J^/'^g 
declaration  or  other  papers  are  executed  before  an  officer  ^qI^^q  of^ official 
authorized  as  above,  but  not  required  by  the  laws  of  his  ^^^'■^^®'■• 
State  to  have  and  use  a  seal  to  authenticate  his  official 
acts,  he  shall  file  in  the  Pension  Bureau  a  certificate  of 
his  official  character,  showing  his  official  signature  and 
term  of  office,  certified  by  a  clerk  of  a  court  of  record  or 
other  proper  officer  of  the  State  as  to  the  genuineness 
thereof;  and  when  said  certificate  has  been  filed  in  the 
Bureau  of  Pensions  his  own  certificate  will  be  recognized 
during  his  term  of  office. 

That  the  Commissioner  of  Pensions  may  accept  decla-    ^^g^^n "   pers 
rations  and  other  papers  of  claimants  residing  in  foreign  |f^cou1itrL^°^" 
countries  made  before  a  United  States  minister  or  consul  ^^  ^^-  ^''^' 
or  other  consular  officer,  or  before  some  officer  of  the 
country  duly  authorized  to  administer  oaths  for  general 
purposes,  and  whose  official  character  and  signature  shall 
be  duly  authenticated  by  the  certificate  of  a  United  States 


82  ARMY  AND   NAVY  PENSIONS. 

in^ciatas^of^in- ^^^^^^^^  ^^'  consul  01*  other  consular  officer;  and  declara 

dians.  tions  in  claims  of  Indians  may  be  made  before  a  Unitet 

States  Indian  agent. 

Dec^ii^ration     That  any  and  all  declarations  or  affidavits  now  on  fiL 

l?uted^uSdi?for-i^  ^^^  Pension  Bureau  which  are  considered  informa 

^od.  ^^^^  ™^^^  ^y  reason  of  not  having  been  executed  in  conformity  ti 

the  laws  heretofore  in  force  covering  such,  and  in  whicl 

it  is  shown  or  may  be  hereafter  shown  by  proper  evidenci 

that  the  same  were  executed  by  and  before  an  officer  wh< 

was  duly  authorized  to  administer  oaths  for  general  pur 

poses  at  said  date  of  execution,  shall  be  accepted  as  forma 

as  from  date  of  filing  such  declarations  or  affidavits. 

^peaL^*  That  all  acts  and  parts  of  acts  inconsistent  with  th 

provisions  of  this  act  are  hereby  repealed. 
Sec- 1778,  R.  s.       In  all  cases  in  which,  under  the  laws  of  the  Unite( 

Oaths    or    ac-  ' 

k n 0 wiedgments  gtates,  oaths  or  acknowledgments  may  now  be  taken  o: 

St^coSit^co^m- ^^^^  before  any  justice  of  the  peace  of  any  State  or  Ter 

missioners.         ritory,  or  in  the  District  of  Columbia,  they  may  hereafte 

be  also  taken  or  made  by  or  before  any  notary  publi 

duly  appointed  in  any  State,  district,  or  Territory,  or  am 

of  the  commissioners  of  the  circuit  courts,^  and,  whei 

certified  under  the  hand  and  official  seal  of  such  notar 

or  commissioner,  shall  have  the  same  force  and  effect  a 

if  taken  or  made  by  or  before  such  justice  of  the  peace. 

Act  June  28,     That  eacli  United  States  commissioner  shall  provid 

546,0.3573.  '     '  himsclf  with  an  official  impression  seal,  to  be  prescribe! 

courts.  by  the  Attorney  General,  which  said  seal  shall  be  affixec 

sioners,  use  of.     to  each  jurat  or  certificate  of  the  official  acts  of  said  com 

Fees. 

missioner,  but  no  increase  of  fees  shall  be  allowed  b; 

reason  thereof. 

Sec.  2064,  R.  s.      Indian    agents    are    authorized   to   take    acknowledg 

ment  of  deeds,  mcnts  of  dceds,  and  other  instruments  of  writing,  and  t 

Mar.'  3, 1855,'  c.  administer  oaths  in  investigations  committed  to  them  i 

p.  701.  •    '  *    '  Indian  countr}^,  pursuant  to  such  rules  and  regulation 

as.  may  be  prescribed  for  that  purpose,  by  the  Secretar 

of  the  Interior;   and   acknowledgments  so  taken   sha' 

have  the  same  effect  as  if  taken  before  a  justice  of  th 

peace. 

Sec.  4721,  R.  s.     Tlic  t€rm  of  limitation  prescribed  by  sections  fort^ 

Sec.  28,  Mar.  3^  scvcu  hundred  and  nine  and  forty-seven  hundred  an 

574.'  ■    ■'  seventeen  shall,  in  pending  claims  of  Indians,  be  extendi 

1  Office  of  commissioners  of  circuit  courts  abolished,  and  United  Stat 
commissioners  created  by  section  19,  act  approved  May  28,  1896,  : 
Stat.   L.,    184,   c.   252. 


APPLICATIONS   AND   ATTORNEYS.  83 

to  two  years  from  and  after  the  third  day  of  March, 
dghteen  hundred  and  seventy-three ;  ^  all  proof  which      ^^ ' 
las  heretofore  been  taken  before  an  Indian  agent,  or  be- 
'ore  an  officer  of  any  tribe,  competent  according  to  the 
•ules  of  said  tribe  to  administer  oaths,  shall  be  held  and 
•egarded  by  the  Pension-Office,  in  the  examining  and  de- 
ermining  of  claims  of  Indians  now  on  file,  as  of  the  same 
/alidity  as  if  taken  before  an  officer  recognized  by  the 
aw  at  the  time  as  competent  to  administer  oaths;  all 
:)roof  wanting  in  said  claims  hereafter,  as  well  as  in  those 
iled  after  the  third  day  of  March,  eighteen  hundred  and 
seventy- three,  shall  be  taken  before  the  agent  of  the  tribe  exSutS.  ^^°°^ 
;o  which  the  claimants  respectively  belong ;  in  regard  to  ^ggf®  ^^  ^^^  ^^' 
iates,  all  applications  of  Indians  now  on  file  shall  be 
Teated  as  though  they  were  made  before  a  competent 
)fficer  at  their  respective  dates,  and  if  found  to  be  in  all 
3ther  respects  conclusive,  they  shall  be  allowed;  and  In- 
iians  shall  be  exempted  from  the  obligation  to  take  the 
>ath  to  support  the  Constitution  of  the  United  States. 
That  every  consular  officer  of  the  United  States  is   ActApr.54906, 

,  -11  V       x-  •  1       X       !-•       34  Stat.  L.,  99,  c. 

aereby  required,  whenever  application  is  made  to  him  i366,  sec.  7. 

;;  .       .  ,.      .  „,r  ■  1      .     •  Notarial  acts  re- 

^herefor,  within  the  limits  of  his  consulate,  to  administer  quired, 
■o  or  take  from  any  person  any  oath,  affirmation,  affidavit, 
>r  deposition,  and  to  perform  any  other  notarial  act 
svhich  any  notary  public  is  required  or  authorized  by  law 
to  do  within  the  United  States;  and  for  every  such  no- 
tarial act  performed  he  shall  charge  in  each  instance  the 
appropriate  fee  prescribed  by  the  President  under  section  1^^*1745^  r.  s. 
seventeen  hundred  and  forty-five,  Revised  Statutes. 

That  every  consular  officer  shall  be  provided  and  kept    comi^ktes    to 
supplied  with  adhesive  official  stamps,  on  which  shall  bed1)c'JFmfntTry 
printed  the  equivalent  money  value  of  denominations  and  ^^^"^p^- 
to  amounts  to  be  determined  by  the  Department  of  State, 
and  shall  account  quarterly  to  the  Department  of  State 
for  the  use  of  such  stamps  and  for  such  of  them  as  shall 
remain  in  his  hands. 

Whenever  a  consular  officer  is  required  or   finds   it  documents  ^^^rS 
accessary  to  perform  any  consular  or  notarial  act  he  ?t'c.'i^cts."°*^"^'' 
shall  prepare  and  deliver  to  the  party  or  parties  at  whose 
instance  such  act  is  performed  a  suitable  and  appropriate 
document  as  prescribed  in  the  consular  regulations  and 
affix  thereto  and  duly  cancel  an  adhesive  stamp  or  stamps 

1  Sections  4709  and  4717  repealed  by  acts  Jan.   25  and  Mar.   3,   1879, 
pp.  58  and  59,   respectively. 


84  ARMY   AND    NAVY   PENSIONS. 

of  the  denomination  or  denominations  equivalent  to  th( 

d<SSrfents°^^tn^--^^®  prescribed  for  such  consular  or  notarial  act,  and  n( 

valid.  such  act  shall  be  legally  valid  within  the  jurisdiction  oi 

the  Government  of  the  United  States  unless  such  stamj 

or  stamps  is  or  are  affixed  and  canceled. 

l^e'A^'ns' for-     ^^  shall  not  be  lawful  for  any  person  appointed  af tei 

partmeSs^noAt  the  first  day  of  June,  one  thousand  eight  hundred  anc 

S[*thera!^  *^^^™^  seventy-two,  as  an  officer,  clerk,  or  employe  in  any  oi 

i8T2%7'staL^i}.', ^^6  Departments,  to  act  as  counsel,  attorney,  or  agent  foi 

^^'  prosecuting  any  claim  against  the  United  States  whicl 

was  pending  in  either  of  said  Departments  while  he  wa{ 

such  officer,  clerk,  or  employe;  nor  in  any  manner  noi 

by  any  means  to  aid  in  the  prosecution  of  any  such  clain 

within  two  years  next  after  he  shall  have  ceased  to  b< 

such  officer,  clerk,  or  employe. 

i906'*34'^stot  ?'      That  section  five  hundred  and  fifty-eight  ^  of  the  Cod( 

^^c'  S'  D  c  ^^  -^^^  ^^^  *^^^  District  of  Columbia,  relating  to  notariei 

Code.  public,  be  amended  by  adding  at  the  end  of  said  sectioi 

the  following:  ""Provided,  That  the  appointment  of  an] 

Notaries  public  persou  as  sucli  notary  public,  or  the  acceptance  of  hii 

in  District  of  Co-  ^  .      .  i  i  /.  p      i         i       • 

lumbia  not  pro- commission  as  such,  or  the  periormance  or  the  duties 

hibited  from  prac-  i      n  t  t /• 

ticing  before  ex-  thereunder,  shall  not  disqualify  or  prevent  such  persoi 

ecutive      depart-  '.  \      n  pit 

ments.  from  representing  clients  before  any  of  the  departmentj 

of  the  United  States  Government  in  the  District  o: 
Columbia  or  elsewhere,  provided  such  person  so  ap 
pointed  as  a  notary  public  who  appears  to  practice  oi 
represent  clients  befgre  any  such  Department  is  not  other 
wise  engaged  in  Government  employ,  and  shall  be  ad 
mitted  by  the  heads  of  such  Departments  to  practic< 
therein  in  accordance  with  the  rules  arid  regulations  pre 
scribed  for  other  persons  or  attorneys  who  are  admittec 
Proviso.  to   practice   therein:   And   provided   further,   That   n- 

Not  to  take  ac- notarv  public  shall  be  authorized' to  take  acknowlede 

knowledgments,  "        ,      .     .  ,  .„  „ 

etc.,   in  cases  ments,  administer  oaths,  certiiy  papers,  or  perform  an 

official  acts  in  connection  with  matters  in  which  he  i 

employed  as  counsel,  attorney,  or  agent  or  in  which  h 

may  be  in  any  way  interested  before  any  of  the  Depart 

ments  aforesaid." 

oYths^^b  ^'er-     ^^^  pcrsou  prosccutiiig  claims,  either  as  attorney  c 

ciSms^'^^^^"^"^^  ^^  ^^^  ^^^  account,  before  any  of  the  Departments  o 

1862^^2  stJt.  L^' Bureaus  of  the  United  States,  shall  be  required  to  tak 

^^^-  the  oath  of  allegiance,  and  to  support  the  Constitutio 

1  Sec.  558.  Notaries. — The  President  shall  also  have  power  to  appoii 
such  number  of  notaries  public,  residents  of  said  District,  as,  in  b 
discretion,  the  business  of  the  District  may  require.     (Code  of  Law,  D.  C 


APPLICATIONS   AND   ATTOKNEYS,  85 

of  the  United  States,  as  required  of  persons  in  the  civil 
service.^ 

The  oath  provided  for  in  the  preceding  section  may    f^^^^^^^^  ^-J: 
be  taken  before  any  justice  of  the  peace,  notary  Public,  mmister^oatii.  ^^^ 
or  other  person  who  is  legally  authorized  to  administer  1862, 12  stat.  l.; 
an  oath  in  the  State  or  district  where  the  same  may  be 
administered. 

Expenses  of  testimony  in  disbarment  proceedings :  For  ignf 36  f S.  l.', 
actual  and  necessary  expenses  to  enable  the  Secretary  of  ^^^^' ^- ^^' p^^^- 
the  Interior  to  take  testimony,  and  prepare  the  same, 
in  connection  with  disbarment  proceedings  instituted  proceedingsrsec- 
against  persons  charged  with  improper  practices  before  JfonX pay  Ix^S 
the  Department  of  the  Interior,  its  bureaus  and  offices,  |te.,testSion^^l^ 
one  thousand  dollars,  or  so  much  thereof  as  may  be  ^^^^  °* 
necessary.^ 

The  Commissioner  of  Pensions  shall  forward  the  cer-  ||^;  f^^j'u'i^'  |: 
tificate  of  pension,  granted  in  any  case,  to  the  agent  for  }95?'Feb^27^877; 
paying  pensions  where  such  certificate  is  made  payable,  ^^^.^^^^  J;yJ^^j 


and  at  the  same  time  forward  therewith  one  of  the  articles  J^caSofpens^on 
of  agreement  filed  in  the  case  and  approved  by  the  Com-  t£?es ^^o?^  ^a^^ 


missioner,  setting  forth  the  fee  agreed  upon  between  the  gl^^tc.^'^^^^ 
claimant  and  the  attorney  or  agent,  and  where  no  agree-  new^S^I.^  ^  ^ 
ment  is  on  file,  as  hereinbefore  provided,  he  shall  direct  ^^^^^^^q^^J"^;^ 
that  a  fee  of  ten  dollars  only  be  paid  the  agent  or  attorney,  ^^gg  ^^  4  jan. 

25,  1879,  "20 'stat! 
L.,  265. 

It  shall  be  the  duty  of  the  agent  paying  such  pension    sec.  4769,  r.  s. 

.7  o  jr    ^       o  r  Pension  agent's 

to  deduct  from  the  amount  due  the  pensioner  the  amount  duty  on  receipt  of 

1    1  1        /-<  •      •  agreement. 

of  fee  so  agreed  upon  or  directed  by  the  Commissioner  see  sec.  4,  Jan. 
to  be  paid  where  no  agreement  is  filed  and  approved,  and  l.' 265.' 

i,  -,  1        i.  1     n  1  Sec  10,  July  8, 

to  forward  or  cause  to  be  forwarded  to  the  agent  or  i87o,  le  stat.  l., 
attorney  of  record  named  in  such  agreement,  or,  in  case    Repealed  as  to 

.  ^  .  new  cases. 

there  is  no  aareement,  to  the  agent  prosecuting  the  case,    see  act  June  20, 

«i  J.11-  ^  fi  1      18''8,  20  Stat.  L., 

the  amount  01  the  proper  tee,  deducting  therefrom  the  243. 

p    ,  .  .  J.  1  •  •  •       f  ^       See   appropna- 

sum  of  thirty  cents  m  payment  01  his  services  m  forward-  tion  act  June  20, 

'^  ^    ^  1874,  18  Stat.  L., 

ing  the  same.^  ne. 

~7Z  ;       77  r~,  Sec.  1757,  R.  S. 

1  Form  of  oath  required  : 

I,  ,   do  solemnly  swear    (or  affirm)    that   I  will  support 

and  defend  the  Constitution  of  the  United  States  against  all  enemies, 
foreign  and  domestic  ;  that  I  will  bear  true  faith  and  allegiance  to  the 
sarre  ;  that  I  take  this  obligation  freely,  without  any  mental  reservation 
or  purpose  of  evasion  ;  and  that  I  will  well  and  faithfully  discharge  the 
duties  of  the  office  on  which  I  am  about  to  enter.     So  help  me  God. 

2  First  appropriation  for  this  purpose  made  in  act  Mar.  4,  1909,  35  Stat. 
L.,  989,  c.  299. 

3  By  act  Mar.  3,  1885,  23  Stat.  L.,  362,'  c.  .340,  a  pension  agent's  salary 
is  limited  to  .$4,000  per  annum,  repealing  by  implication  the  allowance  of 
30  cents  from  an  attorney  fee. 


86  ARMY  AND   NAVY  PENSIONS. 

234?at!^Z.f'i!^c:     That  the  act  entitled  "An  act  relating  to  claim  agents 
^^AUoVeV?Mees  ^^^  attorneys  in  pension  cases,"  approved  June  twen- 
StreSttogt^S^^^^^h'  eighteen  hundred  and  seventy-eight,  is  hereby  re- 
Cfl^:  ^°  ^^^*- pealed:  Provided,  hoicever,  That  the  rights  of  the  parties 
shall  not  be  abridged  or  affected  as  to  contracts  in  pend- 
ing cases,  as  provided  for  in  said  act ;  but  such  contracts 
shall  be  deemed  to  be  and  remain  in  full  force  and  virtue, 
and  shall  be  recognized  as  contemplated  by  said  act. 
iecs.Ves,  4769,     That   sections    forty-seven   hundred   and   sixty-eight, 
S*86,^R.^s!f m?de  forty-scvcu  hundred  and  sixty-nine,  and  forty-seven  hun- 
ffcies'^'''"dred  and  eighty-six  of  the  Revised  Statutes  are  hereby 
made  applicable  also  to  all  cases  hereafter  filed  with  the 
Commissioner  of  Pensions,  and  to  all  cases  so  filed  since 
June  twentieth,  eighteen  hundred  and  seventy-eight,  and 
which  have  not  been  heretofore  allowed,  except  as  here- 
inafter provided, 
il^!  4785;r.  s.      That  section  forty-seven  hundred  and  eighty-five  of 
amended!  ^"^       the  Revised  Statutes  is  hereby  reenacted  and  amended  so 

as  to  read  as  follows: 
ney^or  pros^ecut-     "  Sec.  4785.  Xo  agent  or  attorney  or  other  person  shall 
ing  claims.  demand  or  receive  any  other  compensation  for  his  services 

in  prosecuting  a  claim  for  pension  or  bounty  land  than 
such  as  the  Commissioner  of  Pensions  shall  direct  to  be 
paid  to  him,  not  exceeding  twenty-five  dollars ;  nor  shall 
such  agent,  attorney  or  other  person  demand  or  receive 
such  compensation,  in  whole  or  in  part,  until  such  pen- 
sion or  bounty-land  claim  shall  be  allowed:  Provided, 
That  in  all  claims  allowed  since  June  twentieth,  eighteen 
hundred  and  seventy-eight  where  it  shall  appear  to  the 
satisfaction  of  the  Commissioner  of  Pensions  that  the  fee 
ceSScS^o S  ^^  ^^^  dollars,  or  any  part  thereof,  has  not  been  paid,  he 
TCnSon^     ^^°°^  shall  cause  the  same  to  be  deducted  from  the  pension, 
and  the  pension  agent  to  pay  the  same  to  the  recognized 
attorney." 
R^'s^'iTse  That  section  forty-seven  hundred  and  eighty-six  of 

the  Revised  Statutes  is  hereby  amended  so  as  to  read  as 
follows : 
amo^S^Mle'tJ     ^^^'  ^'^^^-  The  agent  or  attorney  of  record  in  the  prose- 
be  filed,  cution  of  the  case  may  cause  to  be  filed  with  the  Com- 
missioner of  Pensions,  duplicate  articles  of  agreement, 
without  additional  cost  to  the  claimant,  setting  forth  the. 
fee  agreed  upon  by  the  parties,  which  agreement  shall  be 
executed  in  the  presence  of  and  certified  by  some  officer 
Fee  in  case  of  competent  to  administer  oaths.     In  all  cases  where  ap- 
agreement.        plication  Is  made  for  pension  or  bounty  land,  and  no 


APPLICATIONS  AND  ATTORNEYS.  87 

agreement  is  filed  with  the  commissioner  as  herein  pro- 
vided, the  fee  shall  be  ten  dollars  and  no  more.  And 
such  articles  of  agreement  as  may  hereafter  be  filed  with    Articles  of 

.  .  agreement,     etc., 

the  Commissioner  of  Pensions  are  not  authorized,  nor  recognized  in  cer- 

/  ,  tarn  claims  only. 

will  they  be  recognized,  except  in  claims  for  original 
pensions,  claims  for  increase  of  pension  on  account  of 
a  new  disability,^  in  claims  for  restoration  where  a  pen- 
sioner's name  has  been  or  may  hereafter  be  dropped  from 
the  pension  rolls  on  testimony  taken  by  a  special  ex- 
aminer, showing  that  the  disability  or  cause  of  death  on 
account  of  which  the  pension  was  allowed  did  not  origi- 
nate in  the  line  of  duty,  and  in  cases  of  dependent  rela- 
tives whose  names  have  been  or  may  hereafter  be  dropped 
from  the  rolls  on  like  testimony,  upon  the  ground  of  non- 
dependence,  and  in  such  other  cases  of  difficulty  and 
trouble  as  the  Commissioner  of  Pensions  may  see  fit  to 
recognize  them:  Provided,  That  no  greater  fee  than  ten    Proviso. 

T    n  1     n    1         1  T     1  -1  11  -I    .  Fee  for  bounty 

dollars  shall  be  demanded,  received,  or  allowed  in  any  land,  etc. 

claim  for  pension  or  bounty  land  granted  by  special  act 

of  Congress,  nor  in  any  claim  for  increase  of  pension 

on  account  of  the  disability  for  which  the  pension  had 

been  allowed  :^  And  provided  further.  That  no  fee  shall ,  No  fee  allowed 

.     '  •'  ,    '  ,  for  arrears  of  j)en- 

be  demanded,  received,  or  allowed  in  any  claim  for  ar-  sion,  etc. 
rears  of  pension  or  arrears  of  increase  of  pension  allowed  " 
by  any  act  of  Congress  passed  subsequent  to  the  date  of 
the  allowance  of  the  original  claims  in  which  such  ar- 
rears of  pension  or  of  increase  of  pension,  may  be  allowed. 
The  articles  of  agreement  herein  provided  for  shall  be 
in  substance  as  follows,  to  wit : 

Articles  of  Agreement. 

Whereas  I, ,  late  a  in  Company  of    Form  of  articles 

.,                             .                ^  ^      ^  of  agreement, 

the  regiment  of  volunteers,  war  of  eighteen  hun- 
dred and  sixtj-one  (or,  if 'the  service  be  different,  here  state  the 
same),  having  made  application  for  pension  under  the  laws  of 
the  United  States: 

Now,  this  agreement  witnesseth,  that  for  and  in  consideration 
of  services  done  and  to  be  done  in  the  premises,  I  hereby  agree 

to  allow  my  attorney, of ,  the  fee  of  

dollars,  which  shall  include  all  amounts  to  be  paid  for  any  service 
in  furtherance  of  said  claim ;  and  said  fee  shall  not  be  demanded 
by  or  payable  to  my  said  attorney  (or  attorneys),  in  whole  or  in 
part,  except  in  case  of  the  granting  of  my  pension  by  the  Com- 

jt      1  Phrase  "  new  disability,"  construed.     2  P.  D.,  236;  3  P.  D.,  302. 
■u  «See  acts  Mar.  3,  1891,  p.  89,  and  May  28,  1908,  p.  90. 


88  ARMY  AND   NAVY  PENSIONS. 

missioner  of  Pensions;  and  then  the  same  shall  be  paid  to  him 
(or  them)  in  accordance  with  the  provisions  of  sections  forty- 
seven  hundred  and  sixty-eight  and  forty-seven  hundred  and  sixty- 
nine  of  the  Revised  Statutes. 

(Claimant's  signature.) 
(Two  witnesses'  signatures.) 


State  of  ,  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of ,  anno  Domini 

eighteen  hundred  and  eighty ,  personally  appeared  the  above- 
named  ,  who,  after  having  had  read  over  to  , 

in  the  hearing  and  presence  of  the  two  attesting  witnesses  the 
contents  of  the  foregoing  articles  of  agreement,  voluntarily  signed 

and  acknowledged  the  same  to  be free  act  and  deed.   ' 

(Official  signature.)  '■ . 

And  now,  to  wit,  this day  of ,  .anno  Domini  eighteen 

hundred  and  eighty  ,  I  (or  we)  accept  the  provisions  con- 
tained in  the  foregoing  articles  of  agreement,  and  will,  to  the  best 
of  my  (or  our)  ability,  endeavor  faithfully  to  represent  the  inter- 
est of  the  claimant  in  the  premises. 

Witness  my  (or  our)  hand,  the  day  and  year  first  above  written. 
(Signature  of  attorney.) . 

State  of ,  County  of ,  ss: 

Personally  came ,  whom  I  know  to  be  the  person 

he  represents  himself  to  be,  and  who,  having  signed  above  accept- 
ance of  agreement,  acknowledged  the  same  to  be free  act 

and  deed. 

(Official  signature.)       ^ . 

etc^,™°to°be^^t^  ^^i^  if  ^^  the  adjudication  of  any  claim  for  pension 
ducted  from  fee.  ^^  which  such  articles  of  agreement  have  been,  or  may- 
hereafter  be,  filed,  it  shall  appear  that  the  claimant  had, 
prior  to  the  execution  thereof,  paid  to  the  attorne}^  any 
sum  for  his  services  in  such  claim,  and  the  amount  so 
paid  is  not  stipulated  therein,  then  ever}^  such  claim  shall 
be  adjudicated  in  the  same  manner  as  though  no  articles 
of  agreement  had  been  filed,  deducting  from  the  fee  of 
ten  dollars  allowed  by  law  such  sum  as  claimant  shall 
show  that  he  has  paid  to  his  said  attorney. 
laMon  of  Ic^relit  ^^J  agent  or  attorney  or  other  person  instrumental  in 
^nsatSn  °^^°"^"  prosecutiug  any  claim  for  pension  or  bounty  land,  who 
shall  directly  or  indirectly  contract  for,  demand  oi 
receive  or  retain  any  greater  compensation  for  his  serv 
ices  or  instrumentality  in  prosecuting  a  claim  for  pensior 
or  bounty  land  than  is  herein  provided,  or  for  paymeni 
thereof  at  any  other  time  or  in  any  other  manner  thai 


APPLICATIONS   AND   ATTOENEYS.  89 

is  herein  provided,  or  who  shall  wrongfully  withhold 
from  a  pensioner  or  claimant  the  whole  or  any  part  of 
the  pension  or  claim  allowed  and  due  such  pensioner  or 
claimant,  or  the  land  w^arrant  issued  to  any  such  claim- 
ant, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  for  every  such  offense  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 

That  the  Secretary  of  the  Interior  may  prescribe  rules    f^e^cJ'e'f^ryof 
and   regulations   governing   the   recognition   of   agents,  ^^^o^^^to^  pre- 
attorneys,  or  other  persons  representing  claimants  before  |g^®™°^e^c     ^ 
his  department,  and  may  require  of  such  persons,  agents,  P^^cution  '   of 
and  attorneys,  before  being  recognized  as  representatives 
of  claimants,  that  they  shall  show  that  they  are  of  good 
moral  character  and  in  good  repute,  possessed  of  the 
necessary  qualifications  to  enable  them  to  render  such 
claimants  valuable  service,  and  otherwise  competent  to 
advise  and  assist  such  claimants  in  the  presentation  of 
tlieir  claims  and  such  Secretary  may,  after  notice  and 
opportunity  for  a  hearing,  suspend  or  exclude  from  fur- 
ther- practice  before  his  department  any  such   person, 
agent,  or  attorney  shown  to  be  incompetent,  disreputable, 
or  who  refuses  to  comply  with  the  said  rules  and  regu- 
lations,  or   who   shall   with   intent  to  defraud   in   any 
manner  deceive,  mislead,  or  threaten  any  claimant,  or 
prospective  claimant,  by   word,  circular,  letter,   or  by 
advertisement. 

The  Commissioner  shall  have  power,  subject  to  review    c^omml^sioner 
by  the  Secretary,  to  reject  or  refuse  to  recognize  any  con- f^-^^f^^^^^^^g 
tract  for  fees,  herein  provided  for,  whenever  it  shall  be  ^^'^  ^®^' ®*^- 
made  to  appear  that  any  undue  advantage  has  been  taken 
of  the  claimant  in  respect  to  such  contract. 

That  hereafter  no  agent  or  attorney  shall  demand,  re-  ^g^i^Q ^tat\ 
ceive,  or  be  allowed  any  compensation  under  existing  law  ^^(torrS's  fees 
exceeding  two  dollars  in  any  claim  for  increase  of  pension  S'aS^ciatos^^ 
on  account  of  the  increase  of  the  disability  for  which 
the  pension  has  been  allowed,  or  for  services  rendered  in 
securing  the  passage  of  any  special  act  of  Congress  grant- 
ing a  pension  or  an  increase  of  pension  in  any  case  that 
has  been  presented  at  the  Pension  Office  or  is  allowable 
under  the  general  pension  laws:^  And  provided  further,    iiiegai fees;  pen- 
That  any  agent,  attorney,  or  other  person  instrumental 

1  See  act  May  28,  1908,  post. 


90  AEMY  AND   NAVY   PENSIONS. 

in  prosecuting  any  claim  for  increase  of  pension  on  ac- 
count of  the  increase  of  disability  for  which  pension  was 
allowed^  or  who, has  rendered  services  in  procuring  the 
passage  of  any  special  act  of  Congress  gi'anting  a  pension 
or  an  increase  of  pension  in  any  case  that  has  been  pre- 
sented at  the  Pension  Office  or  is  allowable  under  the 
general  pension  laws,  who  shall  directly  or  indirectly  con- 
tract for,  demand,  receive,  or  retain  any  compensation 
for  such  serAdces,  except  as  hereinbefore  provided,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall,  for  each  and  every  such  offense,  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisoned  not  ex- 
ceeding two  years,  or  both,  in  the  discretion  of  the  court : 
Provided^  however^  That  the  foregoing  provisions  in  rela- 
tion to  fees  of  agents  or  attorneys  shall  not  apply  to  any 
case  now  pending  where  there  is  an  existing  lawful  con- 
tract expressed  or  implied. 
iQo^fasS.  i!'  That  hereafter  no  pension  attorney,  claim  agent,  or 
^^Penaity  fS V  ^^^^^^  pcrsou  shall  be  entitled  to  receive  any  compensation 
cSl^s^iai  kg£ -^^^  services  rendered  in  securing  the  introduction  of  a 
lation.  I3JI1  Qj.  ^^  passage  thereof  through  Congress  granting 

pension  or  increase  of  pension,  and  any  person  who  shall, 
directly  or  indirectly,  contract  for,  demand,  receive,  or 
retain  any  compensation  for  such  services  shall  be  deemed 
guilty  of  an  offense,  and  upon  conviction  thereof  shall, 
for  each  and  every  such  offense,  be  fined  not  exceeding 
five  hundred  dollars,  or  imprisoned  not  exceeding  two 
years,  or  both,  in  the  discretion  of  the  court.^ 
i8^f 26*^8^1  L^;     That  no  agent,  attorney,  or  other  person  engaged  in 
^^ttoSyY^ei  preparing,  presenting,  or  prosecuting  any  claim  under  the 
gayment;  i^^gai  ^^^.^^-g-^j^g  ^f  ^j^-^  ^^^  ^j^^jj^  directly  or  indirectly,  contract 

forj  demand,  receive,  or  retain  for  such  services  in  prepar- 
ing, presenting,  or  prosecuting  such  claim  a  sum  greater 
than  ten  dollars,  which  sum  shall  be  payable  only  upon  the 
order  of  the  Commissioner  of  Pensions,  by  the  pension 
agent  making  payment  of  the  pension  allowed,  and  any 
person  who  shall  violate  any  of  the  provisions  of  this  sec- 
wUh°hoid"in^^^^^'  ^^  ^^^  shall  wrougfully  withhold  from  a  pensioner 
pensioner"  ^'^^^  ^^  claimant  the  whole  or  any  part  of  a  pension  or  claim 
allowed  or  due  such  j^ensioner  or  claimant  under  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall,  for  each  and  every  such  offense,  be 
Penalty.         fined  not  exceeding  five  hundred  dollars,  or  be  imprisoned 

iThis  language  was  first  used  in  the  pension  appropriation  act  of  Mar. 
10,  1902,  82  Stat.  L.,  62,  c.  147,  and  is  last  used  in  the  act  above  printed. 


APPLICATIONS  AND  ATTOBNEYS.  91 

at  hard  labor  not  exceeding  two  years,  or  both,  in  the 
discretion  of  the  court. 

That  no  claim  agent  or  attorney  shall  be  recognized  in  19^^*35 ^^^t  i? ' 
the  adjudication  of  claims  under  the  first  section  of  this^^j^^-i^^^^sec.s^.^' 
Act,  and  that  no  agent,  attorney,  or  other  person  engaged  amounr^*"^*^^' 
in  preparing,  presenting,  or  prosecuting  any  claim  under 
the  provisions  of  the  second  section  of  this  Act  shall, 
directly  or  indirectly,  contract  for,  demand,  receive,  or 
retain  for  such  services  in  preparing,  presenting,  or  prose- 
cuting such  claim  a  sum  greater  than  ten  dollars,  which 
sum  shall  be  payable  only  upon  the  order  of  the  Commis- 
sioner of  Pensions  by  the  pension  agent  making  payment 
of  the  pension  allowed ;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  or  who  shall  wrong- 
fully withhold  from  the  pensioner  or  claimant  the  whole 
or  any  part  of  a  pension  or  claim  allowed  or  due  such 
pensioner  or  claimant  under  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall,  for  each  and  every  such  offense,  be  fined  not  ex-    ^^^^^^y- 
ceeding  five  hundred  dollars  or  be  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 

That  no  fee,  compensation,  or  allowance  shall  be  paid  jg^^  gj^lt  ^' 
to,  received,  or  accepted  by  any  agent,  attorney,  or  other  ^^Jj^g^e^'^g^g 
person  instrumental  in  the  prosecution  of  any  claim  for  fgj^°^^^^j°J"^®y 
pension  under  this  act;  and  any  person  who  may  make 
any  claim  upon  any  applicant  for  any  fee,  compensation, 
or  allowance  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisoned  at  hard  labor  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court. 

*  *  *  And  provided  further^  That  no  fee  shall  be  gsitat^if  ^100^' 
demanded,  received,  or  allowed  in  any  claim  for  arrears  i^i- sec.  4,  part.  * 

.      '  /.   .  -,  .  No  fee  allowed 

of  pension  or  arrears  of  increase  of  pension  allowed  by  ^or  arrears  of 

■^  ^  "^   pensions,  etc. 

any  act  of  Congress  passed  subsequent  to  the  date  of  the 
allowance  of  the  original  claims  in  which  such  arrears  of 
pension,  or  of  increase  of  pension,  may  be  allowed. 

That  no  claim  agent  or  attorney  shall  be  recognized  in  i88g^*^24St  if' 
the  adjudication  of  claims  under  this  act,  nor  shall  any  ^'^^22,^560.2.^  J 
such  person  be  entitled  to  receive  any  compensation  what-  pension  to  wm- 

^  ,  ...  o^s  and  dex)end- 

ever  for  services  or  pretended  services  in  making  applica-  ^°^P^/"^g°*5j  ^g, 
tions  thereunder. 

No  claim  agent  or  other  person  shall  be  entitled  to  re-  gi^gfaf  T  ^'lul' 
ceive  any  compensation  for  services  in  making  applica- ^'l^'/^^ts'  fees 
tion  for  pension  under  this  Act.  barred. 


92  AEMY  AND   A'AVY  PENSIONS. 

19^^^32'^stat  l'  That  no  claim  agent  or  other  person  shall  be  entitled 
^^A  ge?^t  s^Mees  *^  receive  any  compensation  for  services  in  making  ap- 
prohibited.         plication  for  pension  under  this  act. 

34itat^ l!' 879°c!  That  no  pension  attorney,  claim  agent,  or  other  per- 
^^g?nte  not  en-  son  shall  be  entitled  to  receive  any  compensation  for 
satfon.*^  ^°°^^°' ^^^^^^^^  rendered  in  presenting  any  claim  to  the  Bureau 

of  Pensions,  or  securing  any  pension,  under  this  Act. 
ig^f  32S.  l!;      *    *    *    And  provided  further^  That  all  contracts  here- 
^^'iSVivors^nn- tof ore  made  between  the  beneficiaries  under  this  Act  and 
s/oned^^'^^  ^^"  pcusion  attorneys  and  claim  agents  are  hereby  declared 

hefeMorrS  and  VOid. 

Act   May   30,      *    *    *   ^?Z(f  pTovided  further^  That  all  contracts  here- 
553,0.250,  part. '1  of  ore  made  between  the  beneficiaries  under  this  Act  and 
attorneys,    etc.  pension  attornc^^s  and  claim  agents  are  hereby  declared 
null  and  void. 

Table  of  Attorney  Fees, 
allowed  by  law. 

In  original  claims  allowed  under — 

All  general  laws  (except  act  June  27,  1890,  act  Apr. 
19,  1908,  and  such  acts  as  do  not  provide  for  pay- 
ment of  a  fee),  sec.  4,  act  July  4,  1884,  authorizes 
a  fee — 
On  properly  executed  articles  of  agreement,  any 

amount  contracted  for,  not  exceeding $25.00 

Without  articles  of  agreement 10. 00 

Act  June  27,  1890  (sec.  4  of  said  act) 10.00 

Act  Apr.  19,  1908  (sec.  2  of  said  act) 10.00 

Supplemental  claims — 

To  allow  for  child  by  former  marriage  if  filed  by 

new  attorney 10.  00 

To  allow  for  helpless  child — 

If  named  in  original  application,  but  new  attor- 
ney presents  claim 10.00 

If  not  so  named,  whether  supplemental  claim  be 

filed  by  new  or  original  attorney 10.  00 

To  allow  for  posthumous  child,  born  after  filing  claim, 
unless  expressly  exempted  by  mutual  agreement  be- 
tween claimant  and  attorney 10. 00 

Rerating  or  reissue  to  correct  rate  or  date  of  commence- 
ment, if  filed  by  new  attorney  (11  P.  D.,  202) 10.00 

Reduction  in  rate  of  pension,  for  services  rendered  in 
preventing  (Secretary's  decision,  Dec.  27,  1900,  case  of 

Charles  Hebel,  certificate  No.  113168) 10.00 

Dropping  pensioner's  name  from  roll,  for  services  ren- 
dered in  preventing  (9  P.  D.,  236) 10.00 

Renewal,  restoration,  removal  of  suspension,  etc.,  "cases 
of  difficulty  and  trouble"  (sec.  4,  act  July  4,  1884), 
commissioner  may  recognize  articles  of  agreement  for 
not  exceeding  (8  P.  D.,  182) 25.00 


APPLICATIONS    AND  ATTOKNEYS.  93 

Ivi'storation — 

Dropped  for  loss  of  title  on  testimony  tal^en  by  a  spe- 
cial examiner  showing  that  the  disability  or  cause 
of  death  on  account  of  which  pension  was  allowed 
did  not  originate  in  line  of  duty,  and  in  cases  of  de- 
pendent relatives  whose  names  were  dropped,  on 
like  testimony,  upon  the  ground  of  nondependence 
;  (act  July  4,  1884)  — 

In  claims   under  all  general   laws    (except  act 
June  27,  1890,  act  Apr.  19,  1908,  and  such  acts 
as  do  not  provide  for  payment  of  a  fee)  — 
On  properly  executed  articles  of  agreement, 

any  amount  contracted  for,  not  exceeding.     $25.  00 

Without  articles  of  agreement 10.  00 

Under  act  June  27,  1890 10.  00 

Under  act  Apr.  19,  1908 i       10.  00 

Where  dropped  under  sec.  4719,  R.  S.  (4  P.  D.,  405 )__       10.  00 
Increase  claims — 

Mexican  War,  Jan.  5,  1893,  and  amendatory  acts,  in 
which  fee  was  not  paid  prior  to  Sept.  20,  1902  (12 

P.  D.,  505) 10.00 

In  cases  where  increase  is  granted  because  of  in- 
crease of  the  disability  for  which  pension  was  origi- 
nally allowed  (act  Mar.  3,  1891) 2.00 

Not  payable  on  order  of  Commissioner  of  Pensions,  but 
A  matter  of  contract  between  claimant  and  attor- 
ney, subjecting  the  latter  to  disciplinary  proceed- 
ings IN  THE  EVENT  OF  EXTORTION  OR  UNREASONABLENESS. 

Accrued  pensions,  act  Mar.  2,  1895,  due  deceased  pen- 
sioners (rule  26,  practice)  :  Attorney  may  collect  10  per 
cent  of  accrued  pension  paid,  but  fee  must  not  exceed—      10.  00 

Divided  pensions,  act  Mar.  3,  1899  (10  P.  D.  403)  :  Attor- 
ney may  collect  reasonable  fee,  and  in  absence  of  abuse 
or  misconduct  on  his  part  justifying  disbarment,  Com- 
missioner of  Pensions  has  no  authority. 

CASES    WHEREIN   FEES   ARE  DENIED. 

By  law : 

Act  July  4,  1884,  arrears  of  pension  allowed  by  Con- 
gress subsequent  to  original  grant No  fee. 

Act  Mar.  19,  1886,  increasing  rates  of  pension  to  cer- 
tain widows No  fee. 

Act  Aug.  5,  1892,  granting  pensions  to  Army  nurses—    No  fee. 

Act  Mar.'  3,  1901,  and  act  Feb.  28,  1903,  amending  sec. 
4708  R.  S.,  giving  pensionable  status  to  certain 
remarried  widows No  fee. 

Act  Feb.  6,  1907,  granting  pensions  to  certain  sur- 
vivors of  the  Mexican  and  Civil  Wars No  fee. 

Act  May  28,  1908,  for  services  in  introducing  or  secur- 
ing the  passage  of  a  private  act  of  Congress  grant- 
ing a  pension No  fee. 


94  ARMY  AND   NAVY  PENSIONS.     • 

By  departmental  construction  or  regulations: 

Increase  by  operation  of  law,  Secretary's  decision, 
or  bureau  schedule  ratings  (ruling  124  and  order 

266) No  fee. 

Claim  filed  by  State  agent  or  commissioner  (7  P.  D., 

293) No  fee. 

Wherein  i)ower  of  attorney  only  is  filed  (4  P.  D.,  356; 

7  P.  D.,  517) No  fee. 

Wherein  no  service  is  rendered  (7  P.  D.,  517) No  fee. 

Wherein  attorney  transmits  only  order  for  medical 
examination  or  reasons  for  claimant's  failure  to 
appear  for  such  examination  (9  P.  D.,  375),  unless 

in  respoHse  to  bureau  call No  fee. 

Where  guardian,  as  attorney,  prosecutes  claim  of  his 

ward,  or  firm  of  attorneys  of  which  guardian  is  a 

member,  prosecutes  such  claim  (rule  15,  practice)-    No  fee. 

Where  no  fund  accrues  by  reason  of  allowance  out 

of  which  fee  could  be  paid  (8  P.  D.,  139;  11  P.  D., 

149) No  fee. 

Reissue  to  include  new  disability,  if  no  increase  (8 

P.  D.,   139) No  fee. 

Iterating  or  reissue  to  correct  rate  or  date  of  com- 
mencement, if  same  attorney  as  in  original  claim 

(7  P.  D.,  359;  13  P.  D.,  75) No  fee. 

Securing    new    or   duplicate   pension    certificate    (8 

P.  D.,  261) No  fee. 

Supplemental  claims — 

To  allow  for  child  by  former  marriage  if  claim 
"^  be   filed  by   original   attorney    (7   P.   D.,   47; 

16  P.  D.,  546) No  fee. 

To  allow  for  helpless  child  if  child  named  as  help- 
less in  original  declaration,  to  original  at- 
torney (9  P.  D.,  117) No  fee. 

POSTAGE. 

By  order  of  May  26, 1891,  attorneys  may  receive,  from  and 

after  Apr.  22,  1891,  for  postage  in  any  one  claim $0.  50 

ATTORNEYS— RULES  OF  PRACTICE  BEFORE  THE  BU- 
REAU OF  PENSIONS. 

Rule  1. 

prosfcut?*'Jiaims!  ^  person  appearing  of  record  in  the  Biineau  of  Pen- 
sions as  having  complied  with  the  regulations  prescribed 
by  the  Secretary  of  the  Interior  for  the  recognition  oi 
agents  or  attorneys  before  the  Department  of  the  Interioi 
will  be  held  authorized  to  prosecute  any  claim  for  pensioi 
or  bounty  land,  in  w^hich  the  law  does  not  prohibit  the 
payment  of  an  attorney's  fee,  on  filing  a  power  of  at 
torney  from  the  claimant:  Provided,  however,  That  th< 


APPLICATIONS  AND  ATTORNEYS.  95 

Commissioner  of  Pensions,  in  his  discretion,  may  recog- 
nize such  person  without  compensation  in  any  claim  for 
pension  or  bounty  land  heretofore  filed,  or  that  may  here- 
after be  filed,  in  which  the  law  prohibits  the  payment  of 
such  fee. 

EULE  2. 

Transfers  of  attorneyship  will  be  governed  by  the  f ol-  toraJ^wp.  °'  *** 
lowing  rules: 

(a)  Transfers  of  attorneyship  must  be  acknowledged 
before  some  officer  authorized  to  administer  oaths  for  gen- 
eral purposes  in  the  presence  of  two  witnesses  who  must 
sign  their  names  to  the  instrument  of  transfer. 

(h)  In  all  transfers  of  attorneyship  a  separate  slip 
must  be  filed  for  each  claim  transferred,  showing  its  num- 
ber, the  name  of  the  claimant,  the  name  of  the  soldier  or 
sailor,  the  service  on  which  the  claim  is  based,  the  name 
and  address  of  the  transferee,  and  an  acknowledgment  by 
the  transferee  of  the  transfer. 

(c)  A  transfer  not  general  in  character,  but  of  a 
limited  number  of  claims,  from  one  agent,  attorney,  or 
firm  to  another,  must  be  accompanied  also  by  a  schedule, 
alphabetically  arranged,  showing  for  each  claim  the  data 
required  on  said  slips. 

(d)  A  transfer  made  by  the  legal  representative  of  a 
deceased  or  incompetent  agent  or  attorney  must  be  ac- 
companied by  a  duly  authenticated  certificate  of  an  officer 
of  the  court  having  jurisdiction,  showing  the  authority  of 
such  representative. 

(e)  The  written  consent  of  the  claimant  is  necessary  to 
entitle  a  transferee  to  recognition  in  an  incomplete  claim, 
the  transfer  of  attorneyship  in  all  such  cases  being  sub- 
ject to  protest. 

EuLE  3. 

No  agent  or  attorney  shall  have  power  to  make  a  valid    consent  to  as- 
assignment  of  any  claim  in  which  he  has  been  recognized, 
even  with  the  written  consent  of  the  claimant,  unless  he 
is  at  the  time  of  such  assignment  and  of  such  consent  in 
good  standing  before  the  Bureau  of  Pensions. 

EuLE  4. 

No  power  of  attorney  purporting  to  be  executed  by  a  ne?°Ixecution°'^* 
claimant  will  be  recognized  as  good  and  valid  unless  the 
same  is  signed  in  the  presence  of  two  witnesses  and  ac- 

^^      73814°— 13 8 


96  ARMY  AND   NAVY  PENSIONS. 

knowledged  before  an  officer  duly  authorized  to  admin 
ister  oaths  for  general  purposes,  whose  official  signature 
is  certified  under  seal. 

Rule  5. 

agreement ;^%S-  ^^  articles  of  agreement  filed  under  the  act  of  July  4 
ciSon!^'"^''  ^""^  1884,  will  be  recognized  as  valid,  and  no  fee  will  be  pai( 
thereunder,  unless  the  claimant's  signature  thereto  is  wit 
nessed  by  two  attesting  witnesses  and  acknowledged  be 
fore  some  officer  authorized  to  administer  oaths  for  gen 
eral  purposes,  whose  official  signature  is  certified  unde 
seal. 

The  attorney's  acceptance  of  such  agreement  must  als' 
be  executed  before  some  officer  duly  a^uthorized  to  ad 
minister  oaths  for  general  purposes,  whose  official  signa 
ture  is  certified  under  seal. 

Rule  6. 

agreemlnt;^  pen-     ^^^ticles  of  agreement,  to  be  recognized  as  valid  by  th 

riq^lments™^'  Commissioner  of  Pensions,  must  be  in  duplicate  and  i: 

the  form  prescribed  by  order  of  July  8,  1884,^  and  hav 

^The  following  is  the  form  of  articles  of  agreement  prescribed  by  tt 
Commissioner  of  Pensions  and  approved  by  the  Secretary  of  the  Interi( 
July  8,  1884,  under  the  provisions  of  the  act  of  Congress  approved  Jul 
4,   1884: 

[To  be  executed  in  duplicate  without  additional  cost  to  claimant.] 

ARTICLES    OF    AGREEMENT. 

Whereas  I, ,  late  a  in  company  of  tl 

Regiment   of   — : Volunteers,    war   of   ,    having   mac 


application  for  pension  under  the  laws  of  the  United  States  : 

Now    this    agreement    witnesseth.    That    for    and    in    consideration    « 
services  done  and  to  be  done  in  the  premises,   I   hereby  agree  to  alio 

my  attorney, ,  of ,  the  fee  of dollars,  whi( 

shall  include  all  amounts  to  be  paid  for  any  service  in  furtherance  of  sa: 
claim ;  and  said  fee  shall  not  be  demanded  by  or  payable  to  my  sa 
attorney,  in  whole  or  in  part,  except  in  case  of  the  granting  of  my  pe 
sion  by  the  Commissioner  of  Pensions ;  and  then  the  same  shall  be  pa 
to  him  in  accordance  with  the  provisions  of  sections  4768  and  4769  ■ 
the  Revised  Statutes  United  States. 

(Signature  of  claimant.) . 

(Post-oflace  address.)  — -. ^. 

(Signatures  of  two   witnesses.) 

State  of ^  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of ,  A.  D.  1 — ,  personal 

appeared ,  the  above  named,  who,  after  having  had  re£ 

over  to ,  in  the  hearing  and  presence  of  the  two  attesting  witnesse 

the  contents  of  the  foregoing  articles  of  agreement,  voluntarily  signi 
and  acknowledged  the  same  to  be  free  act  and  deed. 

[L.  s.]  (Official  signature.) . 

And  now,  to  wit,  this  day  of ,  A.  D,  1 — ,  accept  tl 

provisions   contained    in    the   foregoing   articles    of   agreement,    and   wi 

to  the  best  of  ability,  endeavor  faithfully  to  represent  the  inte 

est  of  the  claimant  in  the  premises.     hereby  certify  that  


APPLICATIONS  AND   ATTORNEYS.  97 

printed  upon  the  reverse:  "Notice  to  Claimant,"  "This 
agreement  is  permissible  under  the  law,  but  not  compul- 
sory," and  a  copy  of  the  act  of  July  4,  1884. 

Rule  T. 

When  a  claim  for  bounty  land  has  been  allowed  and    Articles  of 

•^  _  agreement; 

the  warrant  issued,  one  approved  copy  of  the  articles  of  ciSms^  *  ^ "  ^^°^ 
agreement  will  be  forwarded  to  the  agent  or  attorney  of 
record  and  the  other  preserved  in  the  files  of  the  claim. 
The  bounty-land  warrant  will  be  forwarded  direct  to  the 
party  entitled  to  the  j^ossession  thereof. 

Rule  8. 

An  agent  or  attorney  may  request  and  receive  from  a    Postage, 
claimant  a  sum  not  exceeding  fifty  cents  for  postage  in 
the  prosecution  of  any  one  claim,  original  or  increase,  but 
compliance  with  such  request  of  the  agent  or  attorney  is 
optional  with  the  claimant. 

Agents  and  attorneys  are  not  allowed  to  demand  a  sum 
for  postage  as  a  right,  or  to  refuse  to  prosecute  a  claim 
where  the  request  for  postage  is  not  complied  with. 

Rui/E  9. 

When  in  the  adjudication  of  any  claim  for  pension  oi*a  ^emeSt-^^  at^ 
bounty  land  in  which  articles  of  agreement  have  been  or  f°f°®^in^°  f ^^^ 
may  hereafter  be  filed^  it  shall  appear  that  the  claimant,  ceived. 
prior  to  the  execution  thereof,  had  paid  to  the  agent  or 
attorney   any  money   for   fee,   postage    (other   than   as 
allowed  by  Rule  8),  or  expenses  in  connection  with  the 

have  received  from  the  claimant  above  named  the  sum  of  dollars, 

and  no  more ;  dollars  being  for  fee,  and  the  sum  of dollars 

being  for  postage  and  other  expenses.  And  that  these  agreements  have 
been  executed  in  duplicate,  without  additional  cost  to  the  claimant,  as 
required  by  law,  in  excess  of  the  fee  above  named,  the  said  attorney  mak- 
ing no  charge  therefor. 

Witness  hand  the  year  and  day  above  written. 

[  (Signature  of  attorney.) . 

State  op ,  County  of ,  ss: 

Personally  came ,  whom  I  know  to  be  the  person  

represents  to  be,   and   who,   having   signed   above   acceptance   of 

agreement,  acknowledged  the  same  to  be  free  act  and  deed. 

[L.  s.]  (Official  signature.) 

Approved  for dollars,  and  payable  to ,  of 

the  recognized  attorney. 


Commissioner  of  Pensions. 


98  AEMY  AND   NAVY  PENSIONS. 

prosecution  of  the  claim,  and  the  amount  so  paid  is  not 
stated  in  the  acceptance  of  agreement  by  the  agent  or 
attorney,  then  every  such  claim  shall  be  adjudicated  as  if 
the  articles  of  agreement  contained  no  stipulation  as  to 
a  fee,  and  from  the  fee  of  ten  dollars  allowed  by  law  such 
sums  as  are  shown  to  have  been  paid  to  the  agent  or  attor- 
ney shall  be  deducted. 

Rule  10. 

acUs*SSI^ete.°  ^^  powcr  of  attorney  or  articles  of  agreement  will  be 
2^*^*^^  ^^  accepted  as  valid  wherein  the  claimant's  acknowledgment 
is  taken  before  an  officer  who  is  the  agent  or  attorney 
named  therein,  or  where  the  agent  or  attorney  acts  as 
one  of  the  attesting  witnesses  to  claimant's  signature  to 
such  instrument. 

A  declaration,  affidavit,  or  any  paper,  requiring  execu- 
•  tion,  or  acknowledgment  in  connection  with  a  claim  for 
pension,  or  bounty  land,  must  be  executed  or  acknowl- 
edged before  an  officer  duly  authorized  to  administer 
oaths  for  general  purposes,  who  is  not  interested  in  the 
prosecution  of  the  claim  to  which  said  paper  pertains,  and 
the  jurat  must  so  show.  An  agent  or  attorney  who  shall 
file  any  paper  containing  in  the  jurat  a  false  statement 
that  the  officer  before  whom  such  paper  was  executed,  or 
acknowledged,  is  not  interested  in  the  prosecution  of  the 
claim,  or  any  statement  equivalent  thereto,  when  in  truth 
and  in  fact,  such  agent  or  attorney  has  entered  into  a 
contract,  agreement,  or  understanding,  with  such  officer. 
by  virtue  of  which  said  officer  is  to  receive  compensation 
or  a  commission,  from  such  agent  or  attorney,  in  the  event 
of  the  allowance  of  the  claim,  will  subject  himself  tc 
suspension  or  disbarment  from  practice  before  the  Bureai; 
of  Pensions. 

Rule  11. 

date^?fliing*^°°'  ^^^  articles  of  agreement  in  claims  for  pension  oi 
bounty  land  that  conform  to  the  requirements  of  the  la's^ 
and  regulations  will  be  accepted  if  filed  prior  to  the  dat( 
of  the  issue  of  the  certificate  or  of  the  bounty-lane 
warrant. 

Rule  12. 

tmetoflL^"°°'     ^o  request  of  an  agent  or  attorney  for  consideration  o 
his  title  to  a  fee  will  be  entertained  unless  the  same  i 


APPLICATIONS  AND  ATTORNEYS.  99 

filed  in  the  Bureau  of  Pensions  within  three  years  from 
the  date  of  issue  of  the  certificate  upon  which  such  fee 
is  claimed. 

Rule  13. 

If  an  agent  or  attorney  is  disbarred  pending  the  ad-  fec?^on™yment 
judication  of  a  claim,  and  if,  while  such  disbarment  is  in  o"^®- 
force,  the  claim  is  adjudicated  and  the  certificate  issued 
without  certification  of  a  fee  by  reason  of  such  disbar- 
ment, and  if  thereafter  said  agent  or  attorney  is  restored 
to  practice,  and  if  claimant  has  not,  by  reason  of  such 
disbarment,  canceled  or  revoked  the  authority  thereto- 
fore existing,  upon  such  restoration  as  aforesaid  the  law- 
ful fee  will  be  certified  and  paid  to  such  agent  or  at- 
torney. 

Rule  14. 

AVhen  a  claimant  during  the  disbarment  of  his  agent  same;  estoppel. 
or  attorney  of  record  employs  another,  who  prosecutes 
the  claim  to  final  adjudication,  no  fee  will  be  certified 
the  disbarred  agent  or  attorney  upon  his  restoration  to 
practice,  but  his  disbarment  will  operate  by  way  of  es- 
toppel to  bar  any  claim  for  fee. 

Rule  15. 

No  fee  will  be  allowed  to  a  guardian  who  prosecutes  j^^°'®®*°euard. 
the  claim  of  his  ward,  nor  to  a  firm  of  attorneys  of  which 
the  guardian  is  a  member. 

Rule  16. 

When  an  agent  or  attorney  is  called  upon  by  the  Com-  ^  ff^^tJae^l] 
missioner  of  Pensions  to  furnish  evidence  in  any  claim,  he  estopped, 
will  be  allowed  ninety  days  within  which  to  furnish  same 
or  to  give  reasons  why  he  fails  to  do  so :  Provided  always, 
That  before  such  agent  or  attorney  is  dropped  or  another 
recognized,  at  any  time  within  one  year,  he  shall  be  given 
thirty  days'  notice  to  show  cause  why  he  is  not  guilty  of 
laches.  In  the  event  that  such  answer  be  not  filed  within 
thirty  days  from  the  mailing  of  such  notice,  or  that  the 
answer  thereto  be  held  by  the  Commissioner  of  Pensions 
to  be  insufficient,  claimant  shall  be  notified  of  such 
failure  and  may  file  the  same,  either  by  himself  or  by 
such  other  attorney  as  he  may  elect ;  and  upon  the  recog- 


100  ARMY  AND  NAVY  PENSIONS. 

nition  of  such  other  attorney  the  former  agent  or  at- 
torney will  be  estopped  from  claiming  any  fee. 

Rule  17. 

caiisUps.  To  call  up  a  case  will  not  be  held  of  itself  a  substan- 

tial compliance  with  any  specific  requirement  of  the 
Commissioner  of  Pensions. 

Rule  18. 

iec^^^°*  °^  °^^'  ^^  agent  or  attorney  will  be  required  to  exercise  due 
diligence  in  all  cases  in  which  he  is  recognized.  Neglect 
to  prosecute  a  claim  for  one  year  will  be  held,  in  default 
of  cause  shown,  conclusive  evidence  of  the  abondonment 
of  a  claim  by  the  agent  or  attorney,  and  claimant  will 
be  so  advised. 

Rule  19. 

comlSeStSniap-  Upon  the  rejection  of  a  claim  for  pension  or  bounty 
^^^'  land  the  agent  or  attorney  of  record  will  be  notified  of 

such  rejection  and  the  reason  therefor,  and  will  be  al- 
lowed ninety  days  from  the  date  of  such  notice  within 
which  to  file  a  motion  for  reconsideration,  supported  by 
material  evidence,  or  within  which  to  enter  an  appeal 
to  the  Secretary  of  the  Interior ;  and  on  his  failure  to  do 
either  he  will  be  held  to  have  abandoned  the  case,  and 
the  claimant  may  employ  any  other  duly  qualified  agent 
or  attorney  further  to  prosecute  the  claim. 

Rule  20. 

erSion'^o/cMmt  ^o  claim  pending  in  the  Bureau  of  Pensions  will  be 
considered  out  of  its  regular  order  upon  the  request  of 
an  agent  or  attorney,  or  any  other  person  whomsoever, 
except  for  good  cause  shown  and  upon  the  order  of  the 
Commissioner  of  Pensions. 

Rule  21. 

et^^^^^^lTtp.  Every  agent,  attorney,  or  other  person  recognized  by 
mSsfoner^bef^e  the  Department  of  the  Interior  as  entitled  to  practice 
^^'  before  the  Bureau  of  Pensions,  shall  submit  to  the  Com- 

missioner of  Pensions  copies  of  all  proposed  advertising 


APPLICATIOITS  AND  ATTrO:$T5rEYS.    ,  .  .  ->'        101 


matter  framed  and  intended  to  solicit  business  before  tJie.^  .  .    , 
Bureau  of  Pensions,  and  if  the  same  be>not.  disapp/f/V^d'  '->  ^/^'> 
by  the  Commissioner  of  Pensions  and  the  agent  or  at- 
torney so  notified  within  ten  days  from  the  date  of  filing 
them,  they  will  be  held,  prima  facie,  approved. 

Advertising  matter  may  contain  clear,  correct,  and 
explicit  statements  of  the  law,  the  name  and  address  of 
the  attorney,  and  the  information  that  he  prosecutes 
claims  for  pension  and  bounty  land. 

The  use  by  an  agent  or  attorney  of  the  characters 
"  U.  S.,"  or  the  words  "  United  States,"  as  a  part  of  his 
title  or  of  the  title  of  his  business  is  misleading  and  will 
Dot  be  permitted. 

Rule  22. 

A  claim  for  increase  of  pension  will  not  be  considered  no?fn^ohdWted 
or  held  as  a  claim  pending  within  the  prohibition  of^^^- 
section  190,  Revised  Statutes  of  the  United  States. 

Rule  23. 

Every   agent,   attorney,   or   other   person   who   shall,  ggf^^^g^f^^°jtg°J 
directly  or  indirectly,  request  of  any  Member  of  either  ^g^^^jy^^^^.^^ 
House  of  Congress,  or  of  any  United  States  Government  ^biteS^^'  ^^°' 
official  or  representative  (other  than  one  whose  duty  it 
is  under  the  law  to  supervise  and  administer  the  laws, 
rules  and  regulations  governing  the  granting  of  pen- 
sions and  bounty  land)  aid  or  assistance  in  the  prose- 
cution of  a  pension  or  bounty-land  claim,  or  who  shall, 
directly  or  indirectly  request  or  advise  a  claimant  to 
seek  such  aid  in  the  prosecution  of  a  pension  or  bounty- 
land  claim,  will  be  held  to  have  abandoned  the  claim  as 
agent  or  attorney  and  will  thereby  forfeit  his  agency  or 
attorneyship  in  such  claim. 

Rule  24. 

Every  agent,  attorney,  or  other  person  recognized  by  .Penalty  for 
the  Department  of  the  Interior  as  entitled  to  practice  rule, 
before  the  Bureau*  of  Pensions  who  shall  violate  the  pro- 
visions of  Rule  23,  above,  will  be  held  thereafter  incom- 
petent to  prosecute  claims  before  said  Bureau  within  the 
meaning  of  section  5  of  the  Act  of  July  4,  1884,  and  will 
thereby  subject  himself  to  suspension  or  disbarment  from 
practice  before  the  Bureau  of  Pensions. 


102         ?:^3  ,»,  ,.    *AEMT  AND   NAVY  PENSIONS. 

■;  »ju'      ,  ^^^  "^ 
;   «»,»•:.»♦.<•,»  Rule  25. 

counSf IxpenSs     Where  an  agent,  attorney,  or  other  person  incurs  any 
demandfng  OT  rS  expense  in  the  prosecution  of  a  claim  before  the  Bureau 
ceiving  payment.  Qf  Pensious,  he  must  file  a  sworn  itemized  account  of 
such  expense  with  the  Commissioner  of  Pensions  and 
secure  the  approval  thereof,  before  demanding  or  receiv- 
ing reimbursement  from  the  claimant  or  pensioner. 

Rule  26. 

fe^Stei"^^™''  I^  a  claim,  under  the  act  of  March  2,  1895,  for  the 
accrued  pension  due  in  an  admitted  case  from  the  date 
of  last  payment  to  pensioner's  death,  the  agent  or  attor- 
ney of  record  is  permitted,  upon  the  allowance  of  the 
claim,  to  receive  as  a  fee,  direct  from  the  claimant  or 
beneficiary,  ten  per  centum  of  the  amount  of  the  accrued 
pension  paid;  but  in  no  event  will  such  agent  or  attor- 
ney be  permitted  to  demand,  receive,  or  retain  a  fee  in 
excess  oi  ten  dollars  in  any  one  claim. 

Rule  27. 

ref^d"fee  ^no-  Where,  through  a  mistake  of  fact  or  fraud  on  the 
neousiypaid.  p^j.^  ^f  ^^  agent  or  attorney,  a  fee  to  which  he  is  not 
entitled  has  been  paid  to  him  he  will  be  required  to  re- 
fund the  same  on  demand  by  the  Commissioner  of  Pen- 
sions ;  and  his  failure  or  refusal  to  refund,  after  such  de- 
mand, will  render  him  liable  to  suspension  or  disbarment 
from  practice  before  the  Bureau  of  Pensions. 

Rule  28. 

negSTo^fufSh  When  in  an  invalid  claim  for  increase  the  Commis- 
f^^efiect  of^^^^^  sioner  of  Pensions  issues  a  call  for  evidence  to  show  that 
claimant's  disability  has  increased,  as  a  prerequisite  to 
a  medical  examination,  and  no  evidence  is  filed  in  re- 
sponse to  such  call  within  ninety  days,  or  thereafter  be- 
fore there  is  presented  on  behalf  of  claimant  another 
declaration  for  increase,  then  the  claim  in  which  said 
call  was  issued  is  to  be  held  rejected  without  ordering  a 
medical  examination,  unless  there  was  on  file  in  the  claim 
at  the  time  of  the  issue  of  said  call,  medical  evidence 
which  had  not  been  considered,  tending  to  show  that  the 
claimant's  disability  had  increased. 


APPLICATIONS   AND   ATTORNEYS. 


103 


Any  declaration  for  increase  j&led  within  ninety  days 
from  date  of  a  call,  under  a  prior  declaration,  for  evi- 
dence to  show  increase  of  disability,  will  be  held  a  dupli- 
cate of  such  prior  declaration. 

Rule  29. 

All  rules  and  orders  inconsistent  with  the  foregoing    Repeal, 
are  hereby  abrogated. 

J.  L.  Davenport, 
Commissioner  of  Pensions, 
Approved. 

Carmi  a.  Thompson, 

Assistant  Secretary, 
Department  or  the  Interior, 

July  12,  1911, 

rules  or  practice  in  pension  and  bounty-land 
appeals. 

Rule  I. 


Except  as  herein  otherwise  provided,  an  appeal  may  be 
taken  to  the  Secretary  of  the  Interior  from  the  final 
action  or  order  of  the  Commissioner  of  Pensions  in  all 
matters  relating  to  pensions  or  bounty  land,  and  a  sepa- 
rate appeal  must  be  filed  in  each  claim. 


Appeals. 


Rule  II. 


Appeals  must  be  filed  with  the  Commissioner  of  Pen- co^iJidoner  *of 
sions.    The  Commissioner  will  thereupon,  within  thirty  ^®ted°Sn  ^twn 
days  from  the  filing  of  said  appeal,  consider  and  deter-  be^^acSer^ed^'to^ 
mine  whether  the  action  or  order  from  which  the  appeal  is  J^rttEireon,aid 
taken  shall  be  adhered  to ;  and  if  he  shall  determine  not  to  JoTepi?tment?* 
recede  therefrom,  he  shall,  within  said  period  of  thirty 
days,  forward  said  appeal,  together  with  the  record  in  the 
case  and  a  report  stating  his  reasons  for  the  action  or  order 
complained  of,  to  the  Department ;  and  said  appeal  shall 
thereupon  be  entered  upon  a  docket  kept  for  that  pur- 
pose.   Upon  the  perfection  of  such  appeal,  by  transmis- 
sion and   docketing   aforesaid,  the   jurisdiction   of   the 
Commissioner  shall  cease  and  determine,  and  the  case  will 
be  decided  by  the  Secretary  on  the  record.    The  decision  on^herecSrd^  ^ 
of  the  Secretary  shall  be  in  duplicate  and  the  same  shall 


Docketing. 


104  ARMY  AND  NAVY  PENSIONS. 

be  transmitted  with  said  record  to  the  Commissioner  of 
to^b?^seit  Til°^ -^^^^^^^^  ^^^  action  in  accordance  therewith.  One  copy 
tomey!  ^'^  ^^  ^^'  ^^  ^^^^  decision  shall  be  transmitted  by  the  Commissioner 

to  the  appellant  or  his  duly  accredited  attorney. 

EULE   III. 

Limitation    as     No  appeal  wiU  be  entertained  unless  filed  within  one 

tofiiing.  A  A 

year  from  the  date  of  notice  of  final  action  or  order  of 
which  complaint  is  made. 

Rui^  IV. 

Will  not  lie  for     No  appeal  will  be  entertained  from  the  refusal  of  the 
nize  attorney  in  Commissioner    of   Pensions    to    recognize    attorneys    or 

case    where    law  .  •  i    •  /.  •  -,        ^ 

prohibits  fee.  agents  in  prosccuting  claims  tor  pension  or  bounty  land 
under  any  law  wherein  the  payment  of  a  fee  for  such 
service  is  prohibited. 

Rule  V. 

snSfied^  *°  ^     ^^  ^^^^  appeal,  the  name  and  service  of  the  soldier,  on 

See  Rule  XL     account  of  wliosc  servicc  the  claim  is  based,  must  be 

stated,  together  with  the  number  of  claim,  the  law  under 

which  the  claim  is  prosecuted,  and  the  date  and  substance 

of  the  action  from  which  the  appeal  is  taken. 

Rule  YI. 

re^o*^e¥i^S     ^^  appeal  by  an  attorney  will  not  be  entertained  un- 
on  appeal.  j^ss  he  has  filed  a  duly  executed  power  of  attorney  for 

this  purpose  from  the  appellant,  or  is  entitled  under  the 

rules  to  recognition. 

Rum  VII. 

petde°™^Jr  SI-     ^^  appeal  taken  on  behalf  of  a  claimant  by  or  through 
£?enS?tSed^'  ^  Suspended  or  disbarred  attorney  will  not  be  entertained. 

Rule  VIII. 

Attorney    fee;     ^q  appeal  pertaining  to  the  allowance  of  a  fee  when 

refundment  of.  s.  a.  x  <=> 

the  refundment  has  been  called  for  will  be  entertained 
unless  refundment  as  required  shall  have  been  made. 

Rule  IX. 

Commissioner     The  Commissioner  of  Pensions  shall  return  to  the  ap- 

of  Pensions  to  re-  ,  .  .  .    .    -^ 

turn  defective  ap-pellant  any  appeal  not  in  conformity  with  the  provisions 
of  Rules  III  to  VIII,  inclusive,  stating  wherein  the  ap- 
peal is  defective. 


j 


APPLICATIONS  AND  ATTOKNEYS.  105 

Rule  X. 


In  proceedings  before  the  Commissioner  in  which  he  appfy^?o°  sSe^. 
shall  decide  that  a  party  has  no  right  to  appeal  to  the  JlJfijfg^  gjj^^i- 
Secretary  or  that  said  appeal  may  not  be  entertained  to^certnyrecSd^ 
under  the  provisions  of  the  foregoing  rules  such  party  ^g^^  \^j.  cSsid- 
may  apply  to  the  Secretary  for  an  order  directing  the  co^^gJJnJ/^^^ 
Commissioner  to  certify  said  action  together  with  the  al'^j.^^ap^iiaJt's 
record  in  the  case  to  the  Department;  and  such  applica-  rigi^t  to  appeal, 
tion  shall  be  in  writing,  under  oath,  and  shall  fully  and 
specifically  set  forth  the  grounds  upon  which  the  same 
is  based. 

Rule  XI. 

Each  appeal  must  contain  specific  assignments  of  the^ont&E^^pSinc 
alleged  mistake  or  error  of  law  or  of  fact  in  the  adjudica-  ^ef^stekestr 
tion  of  said  claim  by  the  Commissioner  of  Pensions;  and{|^  °^  ®"*°'"^  °' 
any  appeal  insufficient  in  this  respect  may  be  dismissed    see  Rule  v. 
by  the  Secretary. 

Rule  XII. 

A  motion  for  reconsideration  of  any  departmental  deci-  o?T?S-tSeSS 
sion  may  be  filed  with  and  entertained  by  the  Secretary,  ^SS^  fo?;  iiSitel 
in  his  discretion,  if  filed  within  six  months  from  the  date  *^°^' 
when  such  decision  was  rendered.     It  must  be  shown 
in  said  motion  that  some  material  feature  of  the  case 
has  not  been  considered  in  said  decision,  or  that  there 
was  error  of  law  or  of  fact. 

Rule  XIII. 

Upon  the  adjudication  of  a  claim  for  division  of pens^onflctMa?! 
pension  under  the  act  of  March  3,  1899,  in  the  Bureau  ^iiSoS!^*''^' 
of  Pensions,  both  parties  will  be  promptly  notified  by 
the  bureau,  by  registered  letter,  of  the  action  taken.  Each 
party  will,  in  the  absence  of  waiver,  be  allowed  thirty 
days  from  receipt  of  said  notice  to  appeal  from  said 
action,  the  appeal  to  be  accompanied  by  due  proof  of 
service  of  a  copy  thereof  upon  the  appellee,  as  required 
by  Rule  XIY.  Unjess  such  bureau  action  is  appealed 
from  within  thirty  days  from  receipt  of  said  notice,  the 
bureau  action  shall  be  deemed  to  be  final  to  the  extent 
that  all  payments  of  divisions  of  pension  in  accordance 
with  such  bureau  action  will  not,  in  the  absence  of  fraud 
or  mistake  of  fact,  be  disturbed :  Provided,  The  unex- 


106  ARMY  AND   NAVY  PENSIONS. 

plained  failure  of  a  pensioner  to  appear,  answer,  or  ir 
any  way  plead  to  the  claimant's  application,  after  du( 
notice  thereof  by  the  Bureau,  will  be  deemed  a  waivei 
of  his  right  to  appeal  to  the  extent  that,  if  the  claim  b( 
allowed,  final  orders  for  division  of  pension  may  issu< 
at  once. 

Rule  XIV. 

and^^^thirf^^^ro-  -^PP^^ls  from  bureau  action  in  cases  under  the  first 
?^i899-  ^  ro^^if  second,  and  third  provisos  of  the  act  of  March  3,  1899 
seivice' of  notice  should  be  accompanied  by  due  proof  of  service  of  a  copj 
requisite.  of  the  appeal  upon  the  appellee  or  his  or  her  attorney 

of  record. 

Proof  of  service  must  be  such  as  will  satisfy  the  Com 
missioner  of  Pensions  that  the  appellee  has  been  inf  ormec 
of  the  appeal  and  the  contents  thereof,  and  may  consis 
of,  first,  a  written  acceptance  of  service  by  the  appellee 
or  his  or  her  attorney  of  record;  or,  second,  a  posta 
registry  return  receipt  card,  signed  by  appellee  or  at 
torney  of  record,  accompanied  by  an  affidavit,  showing 
that  on  a  certain  date  a  copy  of  the  appeal  was  mailec 
in  a  registered  letter,  postpaid,  to  the  appellee  or  th( 
attorney  of  record,  addressed  to  a  certain  post-office 
(naming  it) ,  that  the  card  was  returned  in  acknowledg 
ment  of  the  receipt  of  such  letter ;  or,  third,  an  affidavi 
showing  that  on  a  certain  day  and  at  a  certain  plac' 
a  copy  of  the  appeal  was  personally  delivered  to  th' 
appellee  or  his  or  her  attorney  of  record. 

Appeals  in  this  class  of  cases  unaccompanied  by  du< 
proof  of  service^  or  a  satisfactory  reason  why  persona 
service  can  not  be  made,  will  not  be  filed,  or  considered 
but  w^ill  be  promptly  returned  to  the  appellant,  or  his  o 
her  attorney  of  record,  for  compliance  with  this  rule. 

Rule  XV. 

During    pend-     Appeals  from  Bureau  action  in  cases  under  the  first 

ency    of    appeal  ^  \  -,      i  -     -, 

payment  of  one- secoud  and  third  provisos  of  the  act  of  March  3,  189£ 

half    of    pension  •tit  n       a  •  *. 

suspended;  Umi-wheu  accompanicd  by  due  proof  of  service  of  a  cop^ 

tationastoi)enod  ^  ^  Ai  i       m     i  i     i  n 

for  filing  answer,  thereof  upon  the  appellee,  will  be  filed,  and  the  appellan 
and  appellee  promptly  notified  thereof.  The  appeal  wil 
operate  to  suspend  further  payment  of  the  one-half  pen 
sion  in  controversy  until  a  decision  shall  have  been  ren 
dered  therein  by  the  Department,  and  the  appellee  will  b 
allowed  thirty  days  from  the  date  of  filing  the  appeal  ii 


APPLICATIONS  AND  ATTOKNEYS.  107 

which  to  file  an  answer,  brief  or  argument,  in  opposition 
to  the  appeal  or  in  support  of  the  bureau  action  appealed 
from. 

Rule  XVI. 

Appeals  from  the  Bureau  action  in  cases  under  the  first,  ^cfffi^  ^m 
second,  or  third  provisos  of  the  act  of  March  3,  1899,  °9t  to  be  joined 

■7  ^  '^    _         '  with  appeals  un- 

should  be  confined  to  cases  under  that  act,  and  not  joined  ^^^  other  laws, 
with  an  appeal  from  action  in  an  invalid  claim  or  claims 
under  other  acts  of  Congress,  and  when  perfected  by  due 
proof  of  service  of  a  copy  of  the  appeal  upon  the  appellee, 
as  required  by  Rule  XIV,  should  be  addressed  to  the 
Commissioner  of  Pensions.  This  appeal  should  state  the 
post-office  address  of  the  appellant  and  appellee  and  the 
certificate  number  and  the  service  (company  and  regi- 
ment, etc.)  of  the  pensioner,  and  should  briefly,  but  spe- 
cifically, state  the  error  of  law  or  fact  complained  of  and 
the  grounds  relied  upon  for  reversing  or  modifying  the 
bureau  action  appealed  from. 

No  additional  evidence  upon  the  merits  of  the  claim    Evidence, 
should  be  filed  by  either  appellant  or  appellee,  or  con- 
sidered on  appeal. 

Rule  XVII. 

Motions  for  review  of  departmental  decisions  in  cases  pa?tSSai°ded- 
for  division  of  pension  under  the  act  of  March  3,  1899,  f^^.^  '^^'^. 
should  be  addressed  to  the  Secretary  of  the  Interior  and  fj'beSdr^ei'S 
refer  to  the  docket  number  of  appeal,  stating  the  names  Icati^sf 'pro??  of 
of  the  parties.     The  motion  should  briefly  but  specifi- s^^^^®- 
cally  state  the  error  of  law  or  of  fact  in  the  decision 
sought  to  be  reversed  or  modified  and  clearly  indicate  the 
grounds  relied  upon  for  reversing  or  modifying  the  deci- 
sion and  may  be  accompanied  by  brief  or  argument  in 
support  thereof.    The  motion  should  be  accompanied  with 
due  proof  of  service  of  a  copy  of  the  motion  upon  the 
opposite  party,  or  his  or  her  attorney^  as  indicated  in 
Rule  XIV  of  Practice. 

The  opposite  party  will  be  allowed  thirty  days  in  which  ^J^^^^^^^^^ 
to  reply  to  said  motion,  if  desired,  by  answer,  brief,  or  etc. 
argument,  and  thereupon  the  motion  will  be  promptly 
considered  by  the  department,  and  a  copy  of  the  depart- 
mental decision  or  order,  on  the  motion  for  review,  will 
be  duly  forwarded  to  the  parties  or  their  attorneys  by  the 
Bureau  of  Pensions. 


108  ARMY  AND   NAVY  PENSIONS. 

paymSroSy  at     ^^  iiiotion  foi'  review  of  a  departmental  decision  under 
Son°^^^*^  *^^'  said  act  shall  operate  to  suspend  payment  of  one-half  the 

pension  in  controversy  unless  expressly  directed  by  this 

department. 
xyt^t^Z^^     The  requirements  of  Rules  XIV  and  XVI  of  Practice, 
phcabie.  ^^  ^^  appeals,  are  applicable  to  motions  for  review  undei 

said  act. 

ruS^eflective!^^      The  above  rules,  governing  the  practice  in  appealed 
claims  before  the  Department^  relating  to  pensions  and 
bounty  lands,  shall  become  effective  on  and  after  Septem- 
Repeal.  ^^^  -^^  1911,  and  all  rules  and  orders  heretofore  promul- 

gated inconsistent  with  the  foregoing  are  hereby  abro- 
gated. 

Carmi  a.  Thompson, 

Assistant  Secretary. 
August  15,  1911. 


AMENDMENT. 


The    rules    approved    August    15,    1911,    are    hereby 

amended  by  the  addition  of  the  following  rule,  whicl 

will  be  in  force  and  effect  from  the  date  hereof : 

ion  appeal      RuLE  XYIII.  All  cases  on  appeal  will  be  considered  and  decidec 
to  be  decided  in  ,  ,  ,  -,.        ^     ^i     .        i  ^.,-1,^1 

regtQar  order,  un-  m  regular  order  according  to  tlieir  places  upon  the  docket,  unless 

^®^^'  for  cause  shown,  a  case  may  be  advanced,  on  motion,  for  earlie: 

Motion  to  ad- hearing  and  determination.     Every  such  motion  shall  set  fort! 
vance,  how  sup-  .      ^-,      j_-,  -,  ,  .  v.    -a.   •     i.         ^         ^  x  i. 

ported.  succinctly  the  grounds  upon  which  it  is  based  and  must  be  sup 

ported  by  the  affidavits  of  at  least  two  disinterested  parties  cogni 
When  granted,  ^ant  of  the  facts  upon  which  the  motion  is  based.  No  such  motioi 
will  be  granted  except  in  cases  involving  points  of  pension  law  0 
general  application  affecting  other  claims,  unless  it  appears  tha 
the  appellant  is  in  extreme  indigent  circumstances  or  is  ill  withou 
reasonable  hope  of  recovery. 

Carmi  A.  Thompson, 

Assistant  Secretary. 
January  24, 1912. 


Chapter  VII. 


PHYSICAL  EXAMINATIONS. 


Sec.  4776,  R.  S.  Medical  referee ;  examin- 
ing surgeons. 

Sec.  4777,  R.  S.  Civil  examining  surgeons, 
appointment   of. 

Sec.  4775,  R.  S.  Special  medical  examina- 
tions  and   appeals   therefrom. 

Act  June  21,  1879,  Sec.  3.  Biennial  ex- 
aminations   abolished. 


Act  July  25,  1882,  Sec.  4.  Boards  of  ex- 
amining surgeons,   organization  of. 

Act  July  18,  1894.  Reports  of  examining 
surgeons  open  to  inspection. 

Act  May  28,  1908.  Examining  surgeons, 
fees  of  and  character  of  reports  to  be 
made  by. 


The  Secretary  of  the  Interior  is  authorized  to  appoint    MediSf'r?fe?ee 
a  duly  qualified  surgeon  as  medical  referee,  who,  under  ^^^^^^^g^^^^^^- 
the  control  and  direction  of  the  Commissioner  of  Pen- jg^g^^^^s^^ar.^s, 
sions,  shall  have  charge  of  the  examination  and  revision  ^^^• 
of  the  reports  of  examining  surgeons,  and  such  other 
duties  touching  medical  and  surgical  questions  in  the  13^^*23  ^tat  l^' 
Pension-Office,  as  the  interests  of  the  service  may  de-  ^^gaiary  of  medi- 
mand;  and  his  salary  shall  be  two  thousand  five  hun- ^^^  ^®^®'"®®' *2'^^- 
dred  dollars  per  annum.    And  the  Secretary  of  the  In- 
terior is   further  authorized  to  appoint  such  qualified 
surgeons  (not  exceeding  four)   as  the  exigencies  of  the 
service  may  require,  who  may  perform  the  duties  of  ex- 
amining surgeons  when  so  required,  and  who  shall  be 
borne  upon  the  rolls  as  clerks  of  the  fourth  class;  but 
such  appointments  shall  not  increase  the  clerical  force 
of  said  Bureau. 

The  Commissioner  of  Pensions  is  empowered  to  ap-    f^^^^Iz^'f-j 


point,    at   his    discretion,   civil   surgeons    to   make   the  ^^^^^^^^^^^^^i^^g 
periodical  examinations  of  pensioners  which  are  or  i^ay  jg^ec^^s^^^ar.^a, 
be  required  by  law,  and  to  examine  applicants  for  pen- J^^^s^^^g^^ut^L*' 
sion,  wheie  he  deems  an  examination  by  a  surgeon  ap-^^^- 
pointed  by  him  necessary ;  and  the  fee  for  such  examina- 
tions, and  the  requisite  certificates  thereof  in  duplicate,  4^  ^i®|g|®^i|' |^^J 
including  postage  on  such  as  are  transmitted  to  pension-  ^-'^ss- 
agents,  shall  be  two  dollars,  which  shall  be  paid  by  the 
agent  for  paying  pensions  in  the  district  within  which  the 
pensioner  or  claimant  resides,  out  of  any  money  appro- 
priated for  the  payment  of  pensions,  under  such  regula- 
tions as  the  Commissioner  of  Pensions  may  prescribe. 

109 


110  ARMY  AND  NAVY  PENSIONS. 

iSciIim?di?ai     Examining  surgeons  duly  appointed  by  the  Commis- 
I5d™appea?s^^^^^^  ^^  Peusious,  and  such  other  qualified  surgeons  as 
^^sS^sT^Mar  3  ^^^^^  ^®  employed  in  the  Pension-Office,  may  be  required 
1873, 17  Stat.  L.,  by  him,  f rom  time  to  time,  as  he  deems  for  the  interest 
of  the  Government,  to  make  special  examinations  of  pen- 
sioners, or  applicants  for  pension,  and  such  examina- 
tions shall  have  precedence  over  previous  examinations, 
whether  special  or  biennial;  but  when  injustice  is  alleged 
to  have  been  done  by  an  examination  so  ordered,  the  Com- 
missioner of  Pensions  may,  at  his  discretion,  select  a 
board  of  three  duly  appointed  examining  surgeons,  who 
shall  meet  at  a  place  to  be  designated  by  him,  and  shall 
review  such  cases  as  may  be  ordered  before  them  on  ap- 
peal from  any  special  examination,  and  the  decision  of 
such  board  shall  be  final  on  the  question  so  submitted 
thereto,  provided  the  Commissioner  approve  the  same. 
The  compensation  of  each  of  such  surgeons  shall  be  three 
dollars,  and  shall  be  paid  out  of  any  appropriations  made 
for  the  payment  of  pensions,  in  the  same  manner  as  the 
ordinary  fees  of  appointed  surgeons  are  or  may  be  author- 
ized to  be  paid. 
i8^^*2i"stat  L '     That  sections   forty-seven  hundred   and  seventy-one, 
^°secs.*477i' 4772  forty-seveu  hundred  and  seventy-two,  and  forty-seven 
^^BSai^eiam-  hundred  and  seventy-three  of  the  Kevised  Statutes  of  the 
"^Ti°SicS?^or  ^^^^^^  States,  providing  for  biennial  examinations  of 
reduce  a  pension,  pensioners,   are   hereby   repealed :   Provided,   That   the 
Commissioner  of  Pensions  shall  have  the  same  power  as 
heretofore  to  order  special  examinations,  whenever,  in 
his  judgment,  the  same  may  be  necessary,  and  to  in- 
crease or  reduce  the  pension  according  to  right  and  jus- 
tice; but  in  no  case  shall  a  pension  be  withdrawn  or 
reduced  except  upon  notice  to  the  pensioner  and  a  hear- 
ing upon  sworn  testimony,  except  as  to  the  certificate  of 
the  examining  surgeon. 

18^^*22 "stat  l'     That  the  Commissioner  of  Pensions  is  hereby  author- 
i75/c.349,sec.4.'iz:ed  to  appoint  surgeons  who,  imder  his  control  and 

Commissioner     .  .  .         . 

thori^ d^^°r  ^"  direction  shall  make  such  examination  of  pensioners  and 
an?  o  r  ^a^^tTe  ^^^^i^^^^^ts  f or  pension  or  increased  pension  as  he  shall  re- 
J'^ds  of  sur-  quire ;  and  he  shall  organize  boards  of  surgeons,  to  consist 
of  three  members  each,  at  such  points  in  each  State  as 
he  shall  deem  necessary,  and  all  examinations,  so  far  as 
practicable,  shall  be  made  by  the  boards,  and  no  examina- 
tion shall  be  made  by  one  surgeon  excepting  under  such 
circumstances  as  make  it  impracticable  for  a  claimant  to 


PHYSICAL  EXAMINATIONS.  Ill 

present  himself  before  a  board:  Provided,  That  the  Com-  offS^lJSL.^"^'^ 
missioner  may,  when  in  his  opinion  the  exigencies  of  the 
service  require  it,  organize  a  board  of  three  surgeons  who, 
under  his  direction,  shall  review  the  work  of  any  regu- 
larly-appointed board  or  surgeon:  Provided  further,  ^f^^^^""^ 
That  all  examinations  shall  be  thorough  and  searching, 
and  the  certificate  contain  a  full  description  of  the  physi- 
cal condition  of  the  claimant  at  the  time,  which  shall 
include  all  the  physical  and  rational  signs  and  a  state- 
ment of  all  structural  changes. 

The  fee  for  each  examination,  and  satisfactory  certifi-  nati7n.^°^  ^^^^' 
cate  thereof,  shall  be  two  dollars  to  each  member  when 
made  by  a  board,  and  two  dollars  when  made  by  one 
surgeon:  Provided,  That  when  the  claimant  is  so  dis- natSi^^made^at 
abled  as  not  to  be  able  to  present  himself  to  a  board  of  ^^e^S^^'^    ''^^■ 
surgeons  for  examination,  the  Commissioner  may  order 
a  surgeon  to  make  the  examination  at  the  claimant's  resi- 
dence ;  and  the  fee  for  such  examination  shall  be  two  dol- 
lars, in  addition  to  the  payment  of  the  actual  traveling 
expenses  of  the  surgeon :  Provided  further,  That  no  fee  aiSSat^  *^  not 
shall  be  allowed  or  paid  to  any  member  of  such  board  of  p^^^^p**®<^  ^^• 
examining  surgeons  who  does  not  actually  participate  in 
such  examination  and  sign  the  certificate  thereof. 

The  Commissioner  may,  when  in  his  judgment  the  de- j^^y°2^j^°°|'[ 
gree  of  disability  cannot  be  determined  truthfully  or  p®^- 
satisfactorily  excepting  by  expert  examination,  employ 
an  expert,  not  a  regularly  appointed  surgeon,  to  make  the 
examination;  and  the  fee  for  such  examination  shall  be    ^^^ 
five  dollars:  Provided,  That  the  fee  for  an  expert  exam- ^g^in gJ^r*J^°° 
ination  shall  not  be  paid  to  any  regularly-appointed  exam-  sigiJnsP^^'^*^*^ 
ining  surgeon. 

The  fee  for  the  examination  of  claimants  who  reside  ci^jJJnts;^^*eT- 
out  of  the  United  States  shall  not  exceed  ten  dollars, f^^^^°°'  *^^ 
which  shall  be  paid,  upon  the  presentation  of  satisfactory 
vouchers,  out  of  the  appropriation  for  the  payment  of  the 
examining  surgeons,  and  through  the  United  States  con- 
sulate nearest  to  the  claimant's  place  of  residence.^ 

*     *     *     Provided,  That  the  report  of  such  examining    Act   July   is 
surgeons  when  filed  in  the  Pension  Office  shall  be  open  113,  c.  hi,  part. '' 
to  the  examination  and  inspection  of  the  claimant  or  his  a  m  Fn\  n  g  sur- 
attorney,  under  such  reasonable  rules  and  regulations  as  fpSction!^^ 
the  Secretary  of  the  Interior  may  provide. 

1  Supersedes  sec.  4774,  R.  S, 
73814°— 13 9 


112  ARMY  AND   NAVY  PENSIONS. 

1908^*35  ^tat  If'     *     *     *     And  hereafter  each  member  of  each  examii 
419,  c.  208,  part,    [j^cr  board  shall  receive  the  sum  of  three  dollars  for  th 

Examining  BUT-      => 

KS  ^^'^'^^^  °' ®^^^^^^^^^^  ^^  ^^^^  applicant  whenever  five  or  a  lej 
number  shall  be  examined  on  any  one  day  and  one  do! 
lar  for  the  examination  of  each  additional  applicant  o 

EStaations.  ^^^^  ^^^  *  Provided,  That  if  twenty  or  more  applicani 
appear  on  one  day  no  fewer  than  twenty  shall,  if  pra( 
ticable,  be  examined  on  said  day,  and  that  if  fewer  e^ 
aminations  be  then  made,  twenty  or  more  having  aj 
peared,  then  there  shall  be  paid  for  the  first  examinatioi 
made  on  the  next  examination  day  the  fee  of  one  dollr 
only  until  twenty  examinations  shall  have  been  mad 
and  the  fee  shall  be  three  dollars  when  the  examinatic 

Fee     for,    at  is  made  by  one  surgeon,  and  the  fee  for  each  examinatic 

claimant's     resi-  ^         ,    V  ,       ^  .  ,  '  •  i     i  i  •  •  i 

dence.  at  the  claimant  s  residence  provided  his  residence  is  ou 

side  of  the  corporate  limits  of  the  place  of  the  reguh 
meeting  of  the  examining  board  or  of  the  place  of  res 
dence  of  the  surgeon,  making  the  examination  shall  1 
five  dollars  in  addition  to  the  payment  of  the  actu 
Traveling  ex- traveling  expenses  of  the  surgeon:  Provided  furthe 
That  no  fee  shall  be  paid  to  any  member  of  an  examinii 

^j^^rso^^res- board  unlcss  personally  present  and  assisting  in  the  e 
Ratings  to  be amination  of  applicant:  And  provided  jm^ther^  That  tl 

s^ted,  etc!^  ^  ^  report  of  such  examining  surgeons  shall  specifically  sta 
the  rating  which  in  their  judgment  the  applicant  is  e 
titled  to,  and  the  report  of  such  examining  surgeo 
shall  specifically  and  accurately  set  forth  the  physic 
condition  of  the  applicant,  each  and  every  existing  di 
ability  being  fully  and  carefully  described.     *     *     * 


Chapter  VIII. 
PENSION  AGENTS  AND  PAYMENT  OF  PENSIONS. 


Sec.  4780,  R.  S.  Pension  agencies  estab- 
lished. 

Sec.  4778,  R.  S.  Pension  agents,  appoint- 
ment of  and  term  of  office. 

Act  Mar.  8,  1878.  Temporary  appointment 
for  vacancy  in  pension  agency. 

Sec.  4779,   R.   S.  Pension  agents,  bond  of. 

Act  Mar.  3,  1885.  Pension  agents,  sal- 
ary of. 

Act  June  30,  1890.  Clerk  to  sign  pension 
agent's  name. 

Act  Mar.  3,  1911.  Clerk  hire  in  pension 
agencies  subject  to  approval  of  Secretary 
of  the  Interior. 

Act  Mar.  1,  1889.  Rooms  in  public  build- 
ings to  be  set  apart  for  pension  agencies. 

Sec.  4767,  R.   S.  Blanks  for  vouchers. 

Sec.  4764,  R.  S.  Pension  agents  to  send 
quarterly  vouchers  to  each  pensioner. 

Act  Mar.  3,  1891,  Sec.  2.  Grouping  of 
agencies  for  purposes  of  payment. 

Act  Mar.  1,  1889.  Vouchers  may  be  exe- 
cuted before  United  States  officers  free 
of  charge. 

Act  Aug.  23,  1894.  Vouchers  may  be  exe- 
cuted  before  fourth-class   postmasters. 

Act  June  25,  1910,  Sec.  2.  Vouchers  may 
be  executed  before  rural  free  delivery 
carriers. 

Act  Mar.  4,  1909.  Pensioners  to  be  fur- 
nished with  penalty  envelopes  for  return 
of  vouchers  to  agencies. 

Sec.  4765,  R.  S.  Check  to  be  drawn  and 
mailed  to  each  pensioner. 

Act  Feb.  23,  1909.  Lost  checks,  duplicates 
to  be  issued,  when,  amending  section 
3646,  Revised  Statutes. 

Act  Aug.  8,  1882.  Payment  of  pensions, 
amending  section  4766,  Revised  Statutes. 

Act  Mar.  3,  1899.  Division  of  pension,  etc. 

Act  Mar.  14,  1898.  Pensions  of  foreign 
residents  not  to  be  paid  on  powers  of 
attorney. 

Act  Mar.  2,  1895.  Repealing  law  forbid- 
ding payment  of  pension  to  nonresident. 

Sec.  4820,  R.  S.  Pensioned  inmates  of 
soldiers'  home ;  rights  of. 

Act  Mar.  3,  1883,  Sec.  4.  Pensioned  in- 
mates of  soldiers'  home  may  allot  por- 
tion of  pension ;  pension  of  inmates  not 
allotted  to  be  paid  to  treasurer  of  home. 

Sec.  4813,  R.  S.  Pensions  of  inmates  of 
the  Naval  Home  at  Philadelphia,  Pa.,  or 
naval  hospitals,  to  be  paid  to  the  Sec- 
retary of  the  Navy. 


Act  May  4,  1898.  Pensions  of  inmates  of 
the  Naval  Home  at  Philadelphia,  Pa., 
etc.,  to  be  paid  to  Secretary  of  the  Navy. 

Act  Feb.  26,  1881,  Sec.  2.  Regulating  pay- 
ment of  pensions  to  inmates  of  the  Na- 
tional Home  for  Disabled  Volunteer 
Soldiers. 

Act  Aug.  7,  1882.  Inmates  of  National 
Home,  Disabled  Volunteer  Soldiers ;  pay- 
ment of  pensions  of. 

Act  July  1,  1902.  Disposition  of  accrued 
pension  due  inmates  of  National  Home, 
Disabled  Volunteer  Soldiers,  at  death. 

Act  June  25,  1910.  Application  for  mem- 
bership in  the  National  Home,  Disabled 
Volunteer  Soldiers,  to  contain  provision 
as  to  disposition  of  funds  which  may  be 
due  applicant,  if  admitted,  at  time  of 
death. 

Act  Mar.  4,  1911.  Prohibiting  expenditure 
of  appropriation  for  benefit  of  the  Na- 
tional Home,  Disabled  Volunteer  Soldiers, 
or  for  any  State  or  Territorial  home.  If 
a  bar  or  canteen  is  maintained  thereat. 

Act  Mar.  4,  1911.  Sums  collected  by  State 
or  Territorial  homes  to  be  deducted  from 
aid  given  by  the  United  States  to  such 
homes. 

Act  May  28,  1908.  Pensions  of  inmates  of 
State  or  Territorial  homes  to  be  paid 
directly  to  the  beneficiaries. 

Act  Aug.  7,  1882.  Insane  persons  from  the 
National  Home  for  Disabled  Volunteer 
Soldiers  to  be  admitted  to  the  Govern- 
ment Hospital  for  the  Insane  in  the  Dis- 
trict of  Columbia,  etc. 

Act  Feb.  20,  1905.  Payment  and  disposi- 
tion of  pension  money  belonging  to  cer- 
tain inmates  of  the  Government  Hospital 
for  the  Insane. 

Act  June  30,  1906.  Deposited  moneys  of 
deceased  inmates  of  the  Government 
Hospital  for  the  Insane  to  be  covered 
into   the  Treasury. 

Act  Feb.  2,  1909.  Disbursing  officer.  Gov- 
ernment Hospital  for  the  Insane,  duties  of. 

Act  Mar.  2,  1895.  Accrued  pensions. 

Act  Mar.  4,  1909.  Reimbursement  claims 
settled  by  Commissioner  of  Pensions. 

Sec.  4719,  R.  S.  Legal  termination  of  pen- 
sion after  three  years'  failure  to  claim. 

Sec.  4747,  R.  S.  Pensions  not  liable  to  at- 
tachment, etc. 


118 


114  ARMY  AND  NAVY  PENSIONS. 


I?tabitehi?ent     "^^^  President  is  authorized  to  establish  agencies  foi 
ciJ!^^^^^  ^s^'^'the  payment  of  pensions  wherever,  in  his  judgment,  the 


i4S?at. Lifm^' P^^^^^  interests  and  the  convenience  of  the  pensioner; 

require ;  but  the  number  of  pension-agencies  in  any  Stat< 

or  Territory  shall  in  no  case  be  increased  hereafter  s< 

as  to  exceed  three,  and  no  such  agency  shall  be  estab 

lished  in  addition  to  those  now  existing  in  any  State  o 

Territory  in  which  the  whole  amount  of  pensions  pai( 

during  the  fiscal  year  next  preceding  shall  not  hav 

exceeded  the  sum  of  five  hundred  thousand  dollars. 

ISsiSgentei     The  President  is  authorized  to  appoint,  by  and  wit] 

temJSe.^'^the  advice  and  consent  of  the  Senate,  all  pension-agents 

i44?af.^L.f39L^' who  shall  hold  their  respective  offices  for  the  term  o 

24fT8i6?*3'&t;at!  four  ycars,  unless  sooner  removed  or  suspended,  as  pre 

Apr  ^o'  ^m6  h  vided  by  law,  and  until  their  successors  are  appointe- 

Ma|^m8'>^andqualifi^^^ 

Act    Mar.    8,     That  whenever  during  a  session  of  the  Senate  a  va 

K'Js.^*^*'  ^'cancy  shall  occur  in  the  office  of  pension  agent,  by  reaso 

pototmenTforvSof  resignation,  death,  removal  or  expiration  of  the  ten 

agency!^  ^^^^°°  of  officc,  or  where  any  such  agent  lawfully  appointe 

amended.  ^^^^  shall  have  failed  to  qualify  and  assume  the  duties  c 

such  office,  the  President  may  when  the  public  exigenc 

requires  it,  designate  any  officer  of  the  United  States  t 

perform  the  duties  of  such  office,  but  such  designatio 

shall  not  be  for  a  longer  time  than  twenty  days,  an 

such  officer  so  designated  shall  give  bonds  if  require 

by  the  President  for  the  faithful  discharge  of  the  sai 

duties,  and  the  Secretary  of  the  Interior  shall  allow  i 

the  settlement  of  the  accounts  of  such  officer,  the  nece 

sary  expenses  incurred  by  him  in  the  discharge  of  h 

duties  under  this  act.     The  foregoing  provisions  sha 

apply  to  any  vacancy  now  existing. 

Sec.  4779,  R.  s.     All  pcnsiou-agents  shall  give  bond,  with  good  and  sufl 

sion  agents.        cicut  surctics,  for  such  amount  and  in  such  form  as  tl 

Act  Feb.  5. 1867,  ' 

14  Stat.  L.,  391.    Secretary  of  the  Interior  may  approve. 

18^^*23  St  L '     ^^^  ^^®  salaries  of  eighteen  agents  for  the  payment  ( 

^^i'rait^sSaries'  P^^^sious,  at  four  thousand  dollars  each,  seventy-two  thoi 

sand  dollars. 

peS^^^°*  ^^*     ^^^  ^^^  ^^^  preparing  vouchers,  rent,  fuel,  lights,  pos 

age  on  letters  to  the  Executive  Departments  and  to  pe] 

sioners,  stationery,  and  other  necessary  expenses,  to  be  a 

proved  by  the  Secretary  of  the  Interior,  two  hundred  ar 

agent^nJt^trex°fifty-six  thousand  dollarsi  Provided,  That  from  and  aft 

SSSinJf'^  P®""  June  thirtieth,  eighteen  hundred  and  eight-five,  the  sala:  ] 


I 


PENSION  AGENTS  AND  1>AYMENT  OP  PENSIONS.  115 


find  emoluments  of  agents  for  the  payment  of  pensions 
shall  be  four  thousand  dollars,  and  no  more,  per  annum ; 
and  of  the  fees  provided  by  law  for  vouchers  prepared 
and  paid,  only  so  much  thereof  as  may  be  required  for 
expenses  incurred  in  having  said  vouchers  prepared,  as 
well  as  the  necessary  clerical  work  at  the  agencies,  shall 
be  available.^ 

In  case  of  the  sickness  or  unavoidable  absence  of  any  1890^26*^^1  l!j 
pension  agent  from  his  office,  he  may,  with  the  approval  ^^'e^ision^ents, 
)f  the  Secretary  of  the  Interior,  authorize  the  chief  clerk,  ^^^^^  °^- 
3r  some  other  clerk  employed  therein,  to  act  in  his  place, 
jO  sign  official  checks,  and  to  discharge  all  the  other  duties 
required  by  law  of  such  pension  agent ;  and,  with  like  ap-  offldafch^ks^^^" 
proval,  any  pension  agent  may  designate  and  authorize  a 
clerk  to  sign  the  name  of  the  pension  agent  to  official 
checks.^    The  official  bond  given  by  the  principal  of  the 
office  shall  be  held  to  cover  and  apply  to  the  acts  of  the 
person  appointed  to  act  in  his  place  in  such  cases,  and  a 
new  bond  shall  be  required  from  all  pension  agents  now 
in  office.     Such  acting  officer  shall,  moreover,  for  the  time 
being,  be  subject  to  all  the  liabilities  and  penalties  pre- 
scribed by  law  for  the  official  misconduct,  in  like  cases,  of 
the  pension  agent  for  whom  he  acts. 

That  the  amount  of  clerk  hire  and  other  services  and  iguf 36  ftat.  l') 
the  salaries  paid  shall  be  subject  to  the  approval  of  the  ^^^e'£iS?' a^Si- 
Secretary  of  the  Interior.^  ''^'  "^"'^^'• 

And  hereafter  the  Secretary  of  the  Treasury,  where  18^^25  ^t?t.  l.! 
practicable,  shall  cause  suitable. rooms  to  be  set  apart  in ^^ension ^agln- 
fche  public  buildings  under  his  control  in  the  cities  where  ^^  Rooms  in  pub- 
pension  agencies  are  located,  which  shall  be  acceptable  "'^  ^^^^°^* 
to  the  Secretary  of  the  Interior,  for  the  use  and  occupancy 
of  the  said  agencies  respectively. 

i^ec.  4781,  R.  S.,  was  repealed  by  the  act  June  14,  1878,  20  Stat.  L., 
112,  c.  188,  and  this  in  turn  was  repealed  by  above  act. 

2  Act  .Tuly  18,  1894,  28  Stat.  L.,  113,  c.  141,  modifies  above  act  as  to 
method  of  designation  of  clerk  to  sign  official  checks  by  authorizing  the 
pension  agent  to  make  such  designation  without  other  or  further  ap- 
proval, but  this  proviso  was  held  (2  Comp.  Dec,  506)  to  apply  to  current 
year  only. 

Sec.  4784,  making  provisions  for  the  taking  of  affidavits  by  pension 
agents  or  their  clerks,  repealed  by  act  Mar.  23,  1896,  29  Stat.  L.,  74,  c.  66. 

3  Prior  to  the  act  of  Mar.  3,  1911,  the  appropriation  acts  recited  that 
"  the  amount  of  clerk  hire  for  each  shall  be  apportioned  as  nearly  as 
practicable  in  proportion  to  the  number  of  pensioners  paid  at  each  agency, 
and  the  salaries  paid  shall  be  subject  to  the  approval  of  the  Secretary  of 
the  Interior."  The  language  quoted  was  last  used  in  act  June  25,  1910, 
36  Stat.  L.,  843,  c.  413. 


116  ARMY  AND   NAVY  PENSIONS. 

BfanTs^fo^r     "^^^   Secretary   of  the   Interior   shall   cause  suitable 

^°sw^?,'  j^y^l;  blanks  for  the  vouchers  mentioned  in  section  f orty-sevei 

1870, 16  Stat.  L.,  hundred  and  sixty-four  to  be  printed  and  distributed  t( 

the  agents  for  the  payment  of  pensions,  upon  which  hi 

shall  cause  a  note  to  be  printed  informing  pensioners  o: 

the  fact  that  hereafter  no  pension  will  be  paid  excep 

upon  the  vouchers  issued  as  herein  directed. 

l?nsion*a?ente     Within  fifteen  days  immediately  preceding  the  fourtl 

to  send  qiwrteri^  ^j^y  of  March,  Juuc,  September,  and  December  in  eacl 


vouchers 


^^&S°T'juiy  8,  year,  the  several  agents  for  the  payment  of  pensions  shal 
i93?'ame?d^  J^'t  prepare  a  quarterly  voucher  for  every  person  whose  pen 
stlt.  l!,  mk  ^  sion  is  payable  at  his  agency,  and  transmit  the  same  b] 
mail,  directed  to  the  address  of  the  pensioner  named  ii 
such  voucher,  who,  on  or  after  the  fourth  day  of  March 
June,  September,  and  December  next  succeeding  the  dat< 
of  such  voucher,  may  execute  and  return  the  same  to  thi 
agency  at  which  it  was  prepared,  and  at  which  the  pen 
sion  of  such  person  is  due  and*  payable. 
i8^if26  Stat  L^;     That  the  Secretary  of  the  Interior  is  hereby  authorize( 
^^a^^nt^^'of  and  directed  to  arrange  the  various  agencies  for  the  pay 
sfSn°°igeiu?inient  of  pensions  in  three  groups  as  he  may  think  propei 
da^ffpa|m?nV.  and  may  from  time  to  time  change  any  agency  from  on 
group  to  another  as  he  may  deem  convenient  for  th 
transaction  of  the  public  business.     The  first  group  shal 
make  their  quarterly  payments  of  pensions  on  Januar 
fourth,  April  fourth,  July  fourth,  ^nd  October  fourth  o 
each  year;  the  second  group  shall  make  their  quarterl 
payments  of  pensions  on-  February  fourth,  May  fourtl 
August  fourth,  and  November  fourth  of  each  year;  an 
the  third  group  shall  make  their  quarterly  payments  o 
pensions    on    March    fourth,    June    fourth,    Septembc 
.     .  fourth,  and  December  fourth  of  each  year.     The  Secr( 
tary  of  the  Interior  is  hereby  fully  authorized  to  cau.' 
payments  of  pensions  to  be  made  for  the  fractional  pan 
of  quarters  created  by  such  change,  so  as  to  proper! 
Sec.     4  76  4 adjust  all  payments  as  herein  provided.     Section  fort^ 
seven  hundred  and  sixty-four  of  the  Revised  Statutes 
hereby  so  amended  as  to  conform  to  the  changes  in  tl 
time  of  payments  provided  herein,  and  is  made  appl 
cable  thereto. 

The  sum  of  fifteen  thousand  dollars  is  hereby  appr< 
priated  to  meet  the  expenses  involved  in  carrying  in 
effect  the  changes  herein  provided  for. 


PENSION  AGENTS  AND  PAYMENT  OF   PENSIONS.  117 

*  *  *  And  provided  further,  That  hereafter  3i^^  im%ftll' h' 
United  States  officers  now  authorized  to  administer  oaths  ^*|'g^jJJ^,part.^^ 
iire  hereby  required  and  directed  to  administer  any  and^'J^^y^J^^j®^^ 
ill  oaths  required  to  be  made  by  pensioners  and  their  ^^^  ^^  °Jj 
vvitnesses  in  the  execution  of  their  vouchers  for  their  ^^^^g®- 
pensions  free  of  charge. 

That  hereafter,  in  addition  to  the  officers  now  author-  igg^f 284tat.  ?.', 
ized  to  administer  oaths  in  such  cases,  fourth-class  post-  ^^ouchera  may 
masters  of  the  United  States  are  hereby  required,  em- ^®e^^St?-ciaS 
powered,  and  authorized  to  administer  any  and  all  oaths  p°^*°^^^®'^- 
required  to  be  made  by  pensioners  and  their  witnesses 
in  the  execution  of  their  vouchers  with  like  effect  and 
force  as  officers  having  a  seal ;  and  such  postmaster  shall 
affix  the  stamp  of  his  office  to  his  signature  to  such  vouch- 
Brs,  and  he  is  authorized  to  charge  and  receive  for  each 
voucher  not  exceeding  twenty-five  cents,  to  be  paid  by  the 
pensioner. 

That  hereafter,  in  addition  to  the  officers  now  author-  ig^f ae'&ut.  l.', 
ized  to  administer  oaths  in  such  cases,  rural  free  delivery  ^'e?^fon  v^ch- 
carriers  of  the  United  States  are  hereby  required,  em- cutM  before rSS 
powered,  and  authorized  to  administer  any  and  all  oaths  ^^^^^'^  carders, 
required  to  be  made  by  pensioners  and  their  witnesses  in 
the  execution  of  their  vouchers,  with  like  eft'ect  and  force 
as  officers  having  a  seal,  and  they  are  authorized  to    ^®®*^^°^«<*- 
charge  and  receive  for  each  voucher  not  exceeding  twenty- 
five  cents,  to  be  paid  by  pensioner. 

That  the  Secretary  of  the  Interior  shall  hereafter  19^^*35  ^^^^  l*' 
furnish  free  to  all  pensioners  franked  or  penalty  en-  ^^J^S'e^^^i- 
v^elopes,  properly  addressed,  to  be  used  by  said  pensioners  l^  ^JJ  ^^retlSi 
only  for  the  return  of  their  pension  vouchers.  vouciiers. 

Upon  the  receipt  of  such  voucher,  properly  executed,    cheUk  t?*b^e 
and  the  identity  of  the  pensioner  being  established  and^^j^jj^^^gj 
proved  in  the  manner  prescribed  by  the  Secretary  of  the  ^^^^^^^^^^' ^ 
Interior,  the  agent  for  the  payment  of  pensions  shall  im-  m^'  ^^ '^^^^-  ^'> 
mediately  draw  his  check  on  the  proper  assistant  treas- 
urer or  designated  depositary  of  the  United  States  for 
the  amount  due  such  pensioner,  payable  to  his  order,  and 
transmit  the  same  by  mail,  directed  to  the  address  of  the 
pensioner  entitled  thereto;  but  any  pensioner  may  be ije'^^\° ed^tS 
required,  if  thought  proper  by  the  Commissioner  of  Pen-  ^d^recSf^ 
sions,  to  appear  personally  and  receive  his  pension. 

That  sections  thirty-six  hundred   and   forty-six   and  ig^fas'stat.  S; 
thirty-six  hundred  and  forty-seven  of  the  Revised  Stat-^l'e^'J^^R.s., 
utes  be,  and  they  hereby  are,  reenacted  and  amended  to^""®"^®^' 
read  as  follows: 


118  ARMY  AND  NAVY  PENSIONS. 

cat? ''chSJiJ'^^^y     "  S^^-  ^^^^-  Whenever  any  original  disbursing  officer's 
disbursing  officer,  check  is  lost,  stolen,  or  destroyed,  the  Secretary  of  the 
Treasury  may  authorize  the  officer  issuing  the  same,  af tei 
the  expiration  of  six  months  and  within  three  years  from 
the  date  of  such  disbursing  officer's  check,  to  issue  a  dupli- 
Bond.  ca^g  thereof  upon  the  execution  of  such  bond  to  indemnifj 

the  United  States  as  the  Secretary  of  the  Treasury  ma} 
prescribe :  Provided^  That  when  such  original  disbursing 
officer's  check  does  not  exceed  in  amount  the  sum  of  fiftj 
dollars  the  Secretary  of  the  Treasury  may  authorize  th( 
issuance  of  a  duplicate  at  any  time  after  the  expiratior 
of  thirty  days  and  within  three  years  from  the  date  oj 
such  disbursing  officer's  check:  Provided  further^  Thai 
whenever  any  original  check  or  warrant  of  the  Post- Office 
Department  has  been  lost,  stolen,  or  destroyed  the  Post 
master-General  may  authorize  the  issuance  of  a  duplicate 
thereof^  at  any  time  within  three  years  from  the  date  oJ 
such  original  check  or  warrant,  upon  the  execution  bj 
the  owner  thereof  of  such  bond  of  indemnity  as  the  Post 
master-General  may  prescribe:  And  provided  further 
Less  than  $50.  That  when  such  original  check  or  warrant  does  not  exceec 
in  amount  the  sum  of  fifty  dollars  and  the  payee  or  ownei 
is,  at  the  date  of  the  application,  an  officer  or  employee 
in  the  service  of  the  Post-Office  Department,  whether  bj 
contract,  designation,  or  appointment,  the  Postmaster 
General  may,  in  lieu  of  an  indemnity  bond,  authorize  the 
issuance  of  a  duplicate  check  or  warrant  upon  such  ai 
affidavit  as  he  may  prescribe,  to  be  made  before  any  post 
master  by  the  payee  or  owner  of  an  original  check  o] 
warrant.^ 
amSde?^'^"^''  "  ^^^'  ^^^'^-  ^^  ^ase  the  disbursing  officer  or  agent  b} 
chSjk  ^when^offi- ^^^^  ^^^^  ^^^'  destroyed,  or  stolen  original  check  wa; 
dead^^^  ^^  ^  issued  is  dead  or  no  longer  in  the  service  of  the  Unitec 
States  it  shall  be  the  duty  of  the  proper  accounting  officer 
under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe^  to  state  an  account  in  favor  of  the  ownei 
of  such  original  check  for  the  amount  thereof  and  t( 
charge  such  amount  to  the  account  of  such  officer  o: 
agent':  Provided^  That  in  case  a  check  drawn  by  am 
officer  or  agent  of  the  Post-Office  Department  is  lost 
stolen,  or  destroyed  a  duplicate  thereof  may  be  issuec 
under  regulations  prescribed  by  the  Postmaster- General 
as  set  forth  in  section  thirty-six  hundred  and  forty-six." 

1  Sec  3646,  R.  S.,  has  been  amended  several  times — first  by  act  Feb.  1^ 
1885,  23  Stat.  L.,  306;  then  by  act  Mar.  23.  1906,  34  Stat.  L.,  84,  an. 
act  June  19,  1906,  34  Stat.  L.,  301 ;  and  lastly,  by  act  Feb.  23,  1909. 


PENSION  AGENTS  AND  PAYMENT  OF  PENSIONS.  119 

That  section  forty-seven  hundred  and  sixty-six,  title  i8^^^22  stat.  l^' 
fifty-seven,  of  the  Kevised  Statutes  of  the  United  States ^^l'^;.^^-  ^^gg 
is  hereby  amended  to  read  as  follows :  amended. 

"  Sec.  4766.  Hereafter  no  pension  shall  be  paid  to  any  paKmy  to^S^ 
person  other  than  the  pensioner  entitled  thereto,  nor  ^°^  ®°^^^^®<** 
otherwise  than  according  to  the  provisions  of  this  title; 
and  no  warrant,  power  of  attorney,  or  other  paper  exe- 
cuted or  purporting  to  be  executed  by  any  pensioner  to 
any  attorney,  claim  agent,  broker,  or  other  persons  shall 
be  recognized  by  any  agent  for  the  payment  of  pensions, 
nor  shall  any  pension  be  paid  thereon;  but  the  payment gg^g^P®""^^^" J 
to  persons  laboring  under  legal  disabilities  may  be  made  *®s^^  disabiuties. 
to  the  guardians  of  such  persons  in  the  manner  herein 
prescribed,  and  pensions  payable  to  persons  in  foreign 
countries  may  be  made  according  to  the  provisions  of 
existing  laws :  Provided^  That  in  case  of  an  insane  in-  er?^em1^®°^7 
valid  pensioner  having  no  guardian,  but  having  a  wife^®,e^*^^  ^ 
or  children  dependent  upon  him  (the  wife  being  a  woman 
of  good  character),  the   Commissioner  of  Pensions  is 
hereby  authorized,  in  his  discretion,  to  cause  the  pension 
to   be   paid   to   the   wife,   upon    her   properly-executed 
voucher,  or  in  case  there  is  no  wife,  to  the  guardian  of 
the  children,  upon  the  properly-executed  voucher  of  such 
guardian,  and  in  like  manner  to  cause  the  pension  of  in-  p^rJ^oneftm- 
valid  pensioners  who  are  or  may  hereafter  be  imprisoned  p'"^^®*^- 
as  punishment  for  offenses  against  the  laws  to  be  paid 
while  so  imprisoned  to  their  wives  or  the  guardians  of 
their  children.     And  pensions  to  Indian  pensioners  re- ere?i\dil|iJ^iS- 
siding  in  the  Indian  Territory  may  be  paid  in  person  by  pi^enT.^'^^^' 
the  pension  agent,  upon  a  suitable  voucher,  at  some  con- 
venient point  in  said  Territory,  which,  together  with  the 
form  and  manner  of  identification  of  the  pensioners,  may 
be  prescribed  by  the  Secretary  of  the  Interior ;  such  pay- 
ments to  be  made  in  standard  silver,  at  least  once  in  each  ' 
current  year.    And  payments  in  person  shall  be  made  to 
the  pensioner,  in  cash,  by  the  pension  agent  whenever  in 
the  discretion  of  the  Commissioner  of  Pensions  such  per- 
sonal payment   shall  be  by  him  deemed  necessary   or 
proper  to  secure  to  the  pensioner  his  rights ;  and  the  nec- 
essary and  actual  expenses  of  such  pension  agent  in  mak- 
ing such  payments  shall  be  paid  by  the  Secretary  of  the 
Interior   upon   properly-executed    vouchers,   out   of   the 
contingent  fund  appropriated  for  the  use  of  the  Pension 
Office.    The  commissioner  may,  when  in  his  judgment  it  eS?*i°enci^ 
shall  be  deemed  necessary  or  proper,  visit  in  person,  for  ^^Sn^ur^ioM' 


120  ARMY  AND  NAVY  PENSIONS. 

the  purpose  of  examination  and  inspection,  or  may  send 
any  one  or  more  of  the  officers  of  his  bureau  for  that  pur- 
pose, any  of  the  pension  agencies  or  medical  examining 
boards  or  surgeons;  and  the  necessary  and  actual  ex- 
penses of  such  visits  shall  be  paid  by  the  Secretary  of 
the  Interior  upon  properly  executed  vouchers,  out  of  the 
contingent  fund  of  said  bureau." 
18^^30  ft?t.  -l!,     That  section  forty-seven  hundred  and  seventy-six,  Title 
^^s 4c. ^'4 766  fifty-seven,  of  the  Revised  Statutes  of  the  United  States 
amended.  j^^  ^^^  ^^^  ^^^^  -g  j^^reby,  amended  by  adding  thereto  the 

following  additional  provisions  and  provisos,  to  wit :  Pro- 
vided further^  That  in  case  a  resident  pensioner  of  the 
United  States  shall  for  a  period  of  over  six  months  desert 
his  lawful  wife,  she  being  a  woman  of  good  moral  char- 
acter and  in  necessitous  circumstances,  or,  if  he  have  no 
fam^'^by  peS- ^awful  wife,  shall  desert  his  legitimate  minor  child  or 
sioSer'dk^tedto children  under  sixteen  years  of  age,  or  his  permanently 
plLio°n^*%e!  helpless  and  dependent  child,  the  Commissioner  of  Pen- 
cMid,  etc.  gj^j^g  jg  hereby  directed,  upon  being  satisfied  by  competent 

evidence  of  such  desertion,  to  cause  one-half  of  the  pen- 
sion due  or  to  become  due  said  pensioner  during  the  con- 
tinuance of  such  desertion  to  be  paid  to  the  wife,  or  in 
case  there  is  no  wife,  to  the  legal  guardian  of  the  child 
mate^^of^'^stiteor  children:  Provided  further^  That  when  a  soldier  or 
S?SSsion°pSd  to  sailor  enters  into  a  State  home  for  soldiers  or  sailors  as 
wife,  minor  child,  ^^  inmate  thereof,  one-half  of  his  pension  accruing  dur- 
ing his  residence  therein  shall  be  paid  to  his  wife,  she 
being  a  woman  of  good  moral  character  and  in  necessitous 
circumstances,  or  if  there  be  no  wife,  then  to  his  child 
or  children  under  sixteen  years  of  age,  or  his  permanently 
helpless  and  dependent  child,  if  any,  unless  such  wife  and 
children  shall  also  be  inmates  of  the  same  institution  or  of 
some  home  provided  for  the  wives  and  children  of  soldiers 
mate^f^Nationai  ^^^  sailors :  Provided  further^  That  if  any  such  pensioner 
peSii°°mw"to^^  ^^  shall  bccomc  an  inmate  of  a  National  Soldiers'  Home 
wtfe,  minor  child,  Qne-half  of  the  pension  drawn  in  his  behalf  or  to  which 
he  may  become  entitled  during  his  residence  therein  shall 
be  paid  by  the  treasurer  of  that  institution  to  such  pen- 
sioner's wife,  she  being  in  necessitous  circumstances  and 
a  woman  of  good  moral  character,  or,  if  there  be  no  wife, 
to  the  legal  guardian  of  the  minor  child  or  children,  or 
the  permanently  dependent  and  helpless  child  or  children 
of  such  pensioner,  on  the  order  of  the  Commissioner  of 
peL!on°^to^Vid--f*®^sions:  Provided  further^  That  hereafter  no  pension 
^todatTofmT-^^n^^J'  ^^y  1^^  of  *h®  United  States  shall  be  granted,  al- 
"*se.  lowed,  or  paid  to  the  widow  of  a  soldier,  sailor,  officer, 


PENSION   AGENTS  AND   PAYMENT  OF  PENSIONS.  121' 

naval  or  military,  marine,  marine  officer,  or  any  other 
male  person  entitled  to  a  pension  under  any  law  of  the 
United  States,  unless  it  shall  be  proved  and  established 
that  the  marriage  of  ^uch  widow  to  the  soldier,  sailor, 
officer,  marine,  or  other  person  on  account  of  whose  serv- 
ice the  pension  is  asked,  was  duly  and  legally  contracted 
and  entered  into  prior  to  the  passage  of  this  act,  or  unless 
such  wife  shall  have  lived  and  cohabited  with  such 
soldier,  sailor,  officer,  marine,  marine  officer,  or  other  per- 
son continuously  from  the  date  of  the  marriage  to  the 
date  of  his  death,  or  unless  the  marriage  shall  take  place 
hereafter  and  prior  to  or  during  the  military  or  naval 
service  of  the  soldier,  sailor,  officer,  marine,  or  other  per- 
son on  account  of  whose  service  the  pension  is  asked  or 
claimed.  This  proviso  shall  not  apply  to  or  affect  the 
widow  of  any  soldier,  sailor,  marine,  officer,  or  marine 
officer  serving  or  who  has  served  in  the  war  between  the 
United  States  and  the  Kingdom  of  Spain. 

In  all  cases  the  questions  of  desertion,  entrance  into  a    Questions  of  de- 

^  i.  1  1     1  sertion,  etc.,  to  be 

home,  necessitous  circumstances,  and  of  good  moral  char-  investigated    by 

'  •        1  1         -I       /-x  •      Commissioner  of 

acter  shall  be  ascertained  and  determined  by  the  Commis-  Pensions, 
sioner  of  Pensions  under  such  rules  and  regulations  as 
he  shall  prescribe,  and  the  treasurers  or  governors  of  the 
several  soldiers'  and  sailors'  homes  shall  be  advised  of 
such  action  from  time  to  time. 

*  *  *  Provided  further^  That  hereafter  no  pen-  iggg'^ao^tat.  i!' 
sions  shall  be  paid  upon  power  of  attorney  from  pen- 276,^«^60^art.^^' 
sioners  residing  in  foreign  countries.  paidonpowmT/atTomey! 

*  *     *    And  provided  further^  That  so  much  of  the  jg^^^gs  stat.  l^' 
fourth  proviso  of  an  Act  entitled  "  An  Act  making  ap-  ^^^pe^^'o^j^^ro^ 
propriations  for  the  payment  of  invalid  and  other  pen-  ^^^^nt  to^S 
sions  of  the  United  States  for  the  fiscal  year  ending  ^^^^^'i^- 
June  thirtieth,  eighteen  hundred  and  ninety-four,  and 

for  other  purposes,"  approved  March  first,  eighteen  hun- 
dred and  ninety -three,  which  reads  as  follows:  "That 
from  and  after  July  first,  eighteen  hundred  and  ninety- 
three,  no  pension  shall  be  paid  to  a  nonresident  who  is 
not  a  citizen  of  the  United  States,  except  for  actual 
disabilities  incurred  in  the  service,"  be  and  the  same  is 
hereby  repealed. 

The  fact  that  one  to  whom  a  pension  has  been  granted  l^htl^'f^enl 
for  wounds  or  disability  received  in  the  military  service  J^^^^^g^^j^  ^^^pSi- 
has  not  contributed  to  the  funds  of  the  Soldiers'  Home  ^*g|^  3  ^^^  ^ 
shall  not  preclude  him  from  admission  thereto.  But  all||^^®^-^»^*^'.P* 
such  pensioners  shall  surrender  their  pensions  to  the 


122  *         ARMY  AND   NAVY  PENSIONS. 

Soldiers'  Home  during  the  time  they  remain  therein  and 
voluntarily  receive  its  benefits. 
i8^°*22  ^tat  -L.'     That  any  inmate  of  the  Home  ^  who  is  receiving  a  pen- 
^'fdiere'nSme'^^^^  from  the  Government,  and  who  has  a  child,  wife,  or 
^SSS^£:  parent  living,  shall  be  entitled,  by  filing  with  the  pension 
Sn  ?iiof portSn  ag^ii^  from  whom  he  receives  his  money  a  written  direc- 
^'KiSmf^etc.,^^^^  ^^  t^a^  effect,  to  have  his  pension,  or  any  part  of  it, 
to^be^^paid  to  paid  to  such  child,  wife,  or  parent.     The  pensions  of  all 
who  now  are  or  shall  hereafter  become  inmates  of  the 
Home,  except  such  as  shall  be  assigned  as  aforesaid,  shall 
be  paid  to  the  treasurer  of  the  Home.    The  money  thus 
derived  shall  not  become  a  part  of  the  funds  of  the 
Home,  but  shall  be  held  by  the  treasurer  in  trust  for  the 
pensioner  to  whom  it  would  otherwise  have  been  paid, 
and  such  part  of  it  as  shall  not  sooner  have  been  paid  to 
him  shall  be  paid  to  him  on  his  discharge  from  the  insti- 
fuu^Sa^  di£h^  ^^tion.    The  board   of  commissioners  may  from   time 
thehOTnT^'^'"*"^^^  ^^^^  P^J  ^^^^  to  any  inmate  such  part  of  his  pension- 
money  as  they  think  best  for  his  interest  and  consistent 
with  the  discipline  and  good  order  of  the  Home,  but  such 
pensioner  shall  not  be  entitled  to  demand  or  have  the 
same  so  long  as  he  remains  an  inmate  of  the  Home.     In 
sionw^^  °mS"^^^®  ^^  *^^  death  of  any  pensioner,  any  pension  money 
^^g^<jvPaidtO(Jue  him  and  remaining  in  the  hands  of  the  treasurer 
shall  be  paid  to  his  legal  heirs,  if  demand  is  made  within 
three  years ;  otherwise  the  same  shall  escheat  to  the  Home. 

N^vafnom^ft     Whenever  any  Navy  officer,  seaman,  or  marine,  entitled 

SSffipfei.^'^to  a  pension,  is  admitted  to  a  Navy  hospital,  the  pension, 

during  his  continuance  in  the  hospital,  shall  be  paid  to 

the  Secretary  of  the  Navy  and  deducted  from  the  account 

of  such  pensioner. 

,o£®*on  ^^7  T^»     ^nd  whenever  any  officer,  seaman,  or  marine  entitled 

1898,  30  Stat.  L.,  J  •>  •> 

377,0.234  imrt.  to  a  pcnsion  is  admitted  to  the  Naval  Home  at  Phila- 
amended^  of  in-  ^^^^P^i^  ^  or  to  a  naval  hospital,  his  pension,  while  he  re- 
mates  of  Naval 

Home,  Philadel-  i  The  Soldiers'  Home  at  Washington,  D.  C,  was  established  bj  the  act 
Eospitaf,  pawTo  ^^  March  3,  1851.  Under  sec.  4821,  R.  S.,  the  following  persons  are 
Secretary  of  the  entitled  to  admission  :  First,  every  soldier  of  the  United  States  who  served 
Navy.  or  may  serve  honestly  and  faithfully  20  years  in  the  same.     Second,  every 

soldier  and  every  discharged  soldier,  whether  Regular  or  Volunteer,  who 
has  suffered  or  may  suffer  by  reason  of  disease  or  wounds  incurred  in  the 
service  and  in  tbe  line  of  his  duty,  rendering  him  incapable  of  further 
military  service,  if  such  disability  was  not  occasioned  by  his  own  mis- 
conduct. Third,  the  invalid  and  disabled  soldiers,  whether  Regular  or 
Volunteer,  of  the  War  of  1812  and  of  all  subsequent  wars. 

Applications  for  admission  may  be  obtained  from  the  Board  of  Man- 
agers of  the  Soldiers'  Home,  Washington,  D.  C. 

-  The  Naval  Home  at  Philadelphia,  Pa.,  was  instituted  under  the  pro- 
visions of  sec.  4810,  R.  S.,  and  qualifications  for  admission  thereto  may 
be  obtained  from  the  Secretary  of  the  Navy,  Washington,  D.  C. 


PENSION   AGENTS   AND   PAYMENT   OF   PENSIONS.  123 

mains  there,  shall  be  deducted  from  his  accounts  and  paid  navlf^ce  a'^ 
to  the  Secretary  of  the  Navy  for  the  benefit  of  the  f und  g-opriatio°99^J 
from  which  such  home  or  hospital,  respectively,  is  main-  ^^^^'  ^•'  ^^• 
tained;  and  section  forty-eight  hundred  and  thirteen  of 
the  Kevised  Statutes  of  the  United    States  is  hereby    ^ 
amended  accordingly. 

All  pensions  payable  or  to  be  paid  under  this  act,  to  jg^^^ji^tat.  S' 
pensioners  who  are  inmates  of  the  National  Home  for^^^g^'i^^j^g 
Disabled  Volunteer  Soldiers^  shall  be  paid  to  the  treas- ^^^^^^ P^^ 
urer  or  treasurers  of  said  home,  upon  security  given  to  the  Siere'^Home.  ^^' 
satisfaction  of  the  managers  to  be  disbursed  for  thef  bene- 
fit of  the  pensioners  without  deduction  for  fines  or  penal- 
ties under  regulations  to  be  established  by  the  managers 
of  the  home,  said  payment  to  be  made  by  the  pension 
agent  upon  a  certificate  of  the  proper  officer  of  the  home 
that  the  pensioner  is  an  inmate  thereof  and  is  still  living. 
Any  balance  of  the  pension  which  may  remain  at  the  date  ac?mS^"^nsion 
of  the  pensioner's  discharge  shall  be  paid  over  to  l^ina? ciS oJd^th^ 
and  in  case  of  his  death  at  the  home  the  same  shall  be 
paid  to  the  widow,  or  children  or  in  default  of  either 
to  his  legal  representatives. 

That  all  pensions  and  arrears  of  pensions  payable  or  to  18^*^*22  stS  l' 
be  paid  to  pensioners  who  are  or  may  become  inmates  of  ^^'e^£^^c. 
the  National  Home  for  Disabled  Volunteer  Soldiers  shall  NftioS^^oml 
be  paid  to  the  treasurers  of  said  home,  to  be  applied  by  t?easm«iiretc.  *° 
such  treasurers  as  provided  by  law,  under  the  rules  and 
regulations  of  said  home.    Said  payments  shall  be  made 
by  the  pension  agent  upon  a  certificate  of  the  proper 
officer  of  the  home  that  the  pensioner  is  an  inmate  thereof 
on  the  day  to  which  said  pension  is  drawn.    The  treas- 
urers of  said  home,  respectively,  shall  give  security,  to 
the  satisfaction  of  the  managers  of  said  home,  for  the 
payment  and  application  by  them  of  all  arrears  of  pen- 
sion and  pension-moneys  they  may  receive  under  the 

1  Admission  to  the  National  Home  for  Disabled  Volunteer  Soldiers  is 
governed  by  the  provisions  of  sec.  4832  and  amendatory  acts  (act  May 
16,  1900 ;  act  Jan.  28,  1901 ;  act  May  27,  1908 ;  act  Mar.  4,  1909)  and 
is  limited  to  all  honorably  discharged  soldiers  and  sailors  who  served 
in  the  Regular  or  Volunteer  forces  of  the  United  States  in  any  war,  the 
provisional  army  authorized  by  the  act  of  Mar.  2,  1899,  in  any  of  the 
campaigns  against  hostile  Indians  or  who  have  served  in  the  Philippines, 
in  China,  or  in  Alaska  who  are  disabled  by  disease,  wounds,  or  otherwise 
and  who  have  no  adequate  means  of  support,  are  not  otherwise  provided 
for  by  law,  and  by  reason  of  such  disability  are  incapable  of  earning  a 
living. 

Applications  for  admission  may  be  obtained  from  the  Board  of  Managers, 
National  Home  for  Disabled  Volunteer  Soldiers,  346  Broadway,  New  York, 
N.  Y.,  or  from  the  goyernor  of  the  nearest  branch  home. 


124  ARMY   AND   NAVY   PENSIONS. 

aforesaid  provision.  And  section  two  of  the  act  entitled 
1881^*^21  ^tat  ?f'"^^  ^ct  making  appropriations  for  the  payment  of  in- 
350-  valid  and  other  pensions  of  the  United  States  for  the 

fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
eighty-two,  and  for  deficiencies,  and  for  other  purposes,' 
approved  February  twenty-sixth,  eighteen  hundred  and 
eighty-one,  is  hereby  revived  and  continued  in  force. 
32^stet"  l!'^&m'     *     *     *     Hereafter  any  balance  of  pension  money  due 
^' Imposition   of  ^  member  of  the  National  Home  for  Disabled  Volunteer 
^g^e^^P^sion  goi^jiers  at  the  time  of  his  death  shall  be  paid  to  his 
fo?*D£abie?vS-  widow,  minor  children,  or  dependent  mother  or  father  ir 
toe?f dS'^  ^*  ^^®  order  named,  and  should  no  widow,  minor  child,  oi 
dependent  parent  be  discovered  within  one  year  from  th( 
time  of  the  death  of  the  pensioner,  said  balance  shall  b( 
paid  to  the  post  fund  of  the  Branch  of  said  National  Hom( 
of  which  the  pensioner  was  a  member  at  the  time  of  hh 
death,  to  be  used  for  the  common  benefit  of  the  memben 
of  the  Home  under  the  direction  of  the  Board  of  Man 
agers,  subject  to  future  reclamation  by  the  relatives  here 
inbefore    designated,   upon    application    filed   with   the 
Board  of  Managers  within  five  years  after  the  pensioner'; 
death. 
i9io?*36'stat.  L.',     Hereafter  the  application  of  any  person  for  member 
^^ationai^HomeShip  in  the  National  Home  for  Disabled  Volunteer  Sol 
untSi^soidfere?^"  di^^'s  ^^^  ^^®  admission  of  the  applicant  thereunder  shal 
D^plJsmon'  of  be  and  constitute  a  valid  and  binding  contract  betwee 
maS'^to  iS^pSt^uch  applicant  and  the  Board  of  Managers  of  said  hom 
%se   for   post  that  on  the  death  of  said  applicant  while  a  member  o 
fund.  ^^^Yi  home,  leaving  no  heirs  at  law  nor  next  of  kin,  al 

personal  property  owned  by  said  applicant  at  the  time  o 
his  death,  including  money  or  choses  in  action  held  b 
him  and  not  disposed  of  by  will,  whether  such  propert 
be  the  proceeds  of  pensions  or  otherwise  derived,  sha 
A' est  in  and  become  the  property  of  said  Board  of  Mar 
agers  for  the  sole  use  and  benefit  of  the  post  fund  c 
said  home,  the  proceeds  to  be  disposed  of  and  distribute 
among  the  several  branches  as  may  be  ordered  by  sai 
Board  of  Managers,  and  that  all  personal  property  c 
said  applicant  shall,  upon  his  death  while  a  member,  j 
once  pass  to  and  vest  in  said  Board  of  Managers,  subje( 
to  be  reclaimed  by  any  legatee  or  person  entitled  to  tal 
the  same  by  inheritance  at  any  time  wdthin  five  yea 
cante '^^  ^  ^^^"'  after  the  death  of  such  member.    The  Board  of  Manage 


i 


m  PENSION   AGENTS   AND   PAYMENT   OF   PENSIONS.  125 

is  directed  to  so  change  the  form  of  application  for 
membership  as  to  give  reasonable  notice  of  this  provision 
to  each  applicant  and  as  to  contain  the  consent  of  the 
applicant  to  accept  membership  upon  the  conditions 
herein  provided. 

*    *    *    Provided,  That  no  part  of  the  foregoing  ap-  ^gff^^  f^^  l"*' 

propriations  shall  be  expended  for  any  purpose  at  any  i4i2^c^285,  part/ 

branch  of  the  National  Home  for  Disabled  Volunteers '^^^i^abied  vol- 
unteer   Soldiers, 
that  maintains  or  permits  to  be  maintained  on  its  prem-  appropriation  for. 

ises  a  bar,  canteen,  or  other  place  where  beer,  wine,  or    intoxicants. 

other  intoxicating  liquors  are  sold.^ 

State  or  Territorial  homes  for  disabled  soldiers  and  ^  state  or  Tem- 

tonal  homes. 

sailors :  For  continuing  aid  to  State  or  Territorial  homes 
for  the  support  of  disabled  volunteer  soldiers,  in  con- 
formity with  the  act  approved  August  twenty-seventh, 
eighteen  hundred  and  eighty-eight,-  including  all  classes  2s  stat.  l.,  450. 
of  soldiers  admissible  to  the  National  Home  for  Disabled 
Volunteer  Soldiers,  one  million  two  hundred  thousand: 
Provided,  That  no  part  of  this  appropriation  shall  be  Proviso. 
apportioned  to  any  State  or  Territorial  home  that  main- 
tains a  bar  or  canteen  where  intoxicating  liquors  are    intoxicants. 

J^  Restriction   first   contained   in   act   June   30,    1906,   34   Stat.   L.,   749, 
c.  2914. 

2  That  all  States  or  Territories  which  have  established,  or  which  shall     Act    Aug.    27, 
hereafter  establish,   State  homes  for  disabled  soldiers  and  sailors  of  thej^'  ^m?***'  \'* 
United  States  who  served  in  the  War  of  the  Rebellion,  or  in  any  previ-     D&abled^^'K)!- 
ous  war,  who  are  disabled  by  age,  disease,  or  otherwise,  and  by  reason  diers  and  sailors, 
of  such  disability  are  incapable  of  earning  a  living,   provided   such  dis- ,  -'^^^  .  *<*    State 
ability  was  not  incurred   in  service  against  the  United  States,   shall  be    °™^  ^^' 
paid  for  every  such  disabled  soldier  or  sailor  who  may  be  admitted  and 
cared  for  in  such  home  at  the  rate  of  one  hundred  dollars  per  annum. 
The    number    of   such    persons    for   whose    care    any    State    or    Territory 
shall   receive  the  said   payment   under  this   act   shall   be  ascertained  by 
the   Board   of  Managers   of  the   National    Home   for   Disabled   Volunteer     Board  of  Man- 
Soldiers,  under  such  regulations  as  it  may  prescribe,  but  the  said  State  agers  of  National 
or  Territorial   homes  shall   be   exclusively   under   the   control   of  the   re-^™®^^    ™^® 
spective    State    or   Territorial    authorities,    and    the    Board    of   Managers         ' 
shall  not  have   nor  assume   any   management  or  control   of  said    State 
or  Territorial    homes.      The   Board   of   Managers   of  the   National    Home     Inspection. 
shall,  however,  have  power  to  have  the  said  State  or  Territorial  homes 
inspected  at  such  times  as  it  may  consider  necessary,   and  shall  report 
the  result  of  such  inspections  to  Congress  in  its  annual  report. 

That  the  sum  of  two  hundred  and  fifty  thousand  dollars,  or  so  much     Sec.  2,  id. 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of  any  money      Appropriation, 
in  the  Treasury  not  otherwise  appropriated,  to  carry  out  the  provisions 
of   this  act,    and   payments   to   the   States   or  Territories   under   it   shall     Payments, 
be  made  quarterly  by  the  said  Board  of  Managers  for  the  National  Home 
for  Disabled  Volunteers  to  the  officers  of  the  respective  States  or  Terri- 
tories entitled,   duly  authorized   to  receive   such   payments,    and   shall  be 
accounted  for  as  are  the  appropriations  for  the  support  of  the  National 
Home  for  Disabled  Volunteer  Soldiers. 


126  ARMY  AND   NAVY  PENSIONS. 

inmates!^°'^^^'^°™^^^^*  ^  ^'^ovided  further^  That  for  any  sum  or  sums  col- 
lected in  any  manner  from  inmates  of  such  State  or 
Territorial  homes  to  be  used  for  the  support  of  said 
homes  a  like  amount  shall  be  deducted  from  the  aid 
herein  provided  for,  but  this  proviso  shall  not  applj; 
to  any  State  or  Territorial  home  into  which  the  wives 
or  widows  of  soldiers  are  admitted  and  maintained.^ 
jg^ct^^May   28,     That  from  and  after  the  passage  of  this  Act  all  pen- 
*^ltate^o'/??i^i- ^^^^^^^  ^^^^  ^^^^  ^^  inmates  of  any  soldiers'  and  sailors 
^ons^  oHnmates^^^^'  ^^  other  institution  maintained  by  any  State  foi 
to  be  paid  direct,  the   benefit  of  dependent   or   other   disabled   volunteei 
soldiers,   shall   have  their  respective  pensions   paid  t( 
them  directly  instead  of  to  the  treasurer  or  other  office] 
of  the  home  or  institution  at  which  they  may  be  respec 
tively  located. 
i8^f  22  stS".  l!'     Government   Hospital  for   the   Insane  :   For   cur 
^^hos^^eStftied  ^^^^  expenses  of  the  Government  Hospital  for  the  Insane 
Gov^e"r^nS?ent-^^^  Support,  clothing,  and  treatment  in  the  Governmen 
a^uai  for  the  Hospital  for  the  Insane  of  the  insane  of  the  Army  an( 
Navy,  Marine  Corps,  and  Eevenue-Cutter  Service,  anc 
those  committed  from  the  National  Homes  for  Disablec 
Volunteer  Soldiers,  and  persons  charged  with  or  con 
victed  of  crimes  against  the  United  States,  and  of  all  per 
sons  who  have  become  insane  since  their  entry  into  th 
military  or  naval  service  of  the  United  States,  and  wh' 
Indigent  insane  are  indigent,  and  of  the  indigent  insane  of  the  Distric 
Columbia!  ^^  ^  of  Columbia,  two  hundred  and  two  thousand  five  hundre- 
dollars;  and  not  exceeding  one  thousand  dollars  of  thi 
sum  may  be  expended  in  defraying  the  expense  of  th 
removal  of  patients  to  their  friends;  and  that  hereafte 
the  surplus  products  and  waste  material  of  the  hospitf 
may  be- sold  or  exchanged  for  the  benefit  of  the  hospita 
and  proceeds  to  be  used  and  accounted  for  the  same  as  it 
Insane  persons  other  fuuds:  Provided^  That  in  addition  to  the  persoi 
Home   for   Dis-  now  entitled  to  admission  to  said  hospital,  any  inmate  c 
Soldiers  to  be  ad-  the  National  Home  for  Disabled  Volunteer  Soldiers  wh 

mitted.  etc.  .  i  /»,         i  •  in 

is  now  or  may  hereaiter  become  insane  shall,  upon  a 
order  of  the  president  of  the  board  of  managers  of  tl 
said  National  Home,  be  admitted  to  said  hospital  an 
treated  therein;  and  if  any  inmate  so  admitted  from  sai 
National  Home  is  or  thereafter  becomes  a  pensioner,  an 

1  Restriction  first  contained   in  act  Apr.   28,   1904,   33   Stat.    L.,    5( 
c.   1762. 

2  Restriction  first   contained   in   act   Mar.   4,    1909,   35    Stat.    L.,    10:  I 
c.   299.  m 


PENSION  AGENTS  AND   PAYMENT  OF  PENSIONS.  127 

has  neither  wife,  minor  child,  nor  parent  dependent  on 
him,  in  whole  or  in  part,  for  support,  his  arrears  of  pen- 
sion and  his  pension  money  accruing  during  the  period 
he  shall  remain  in  said  hospital  shall  be  applied  to  his 
support  in  said  hospital,  and  be  paid  over  to  the  proper 
officer  of  said  institution  for  the  general  uses  thereof. 

That  the  proviso  in  the  Act  approved  August  seventh,  19^^*33 ^®at  ^; 
eighteen  hundred  and  eighty-two,  appearing  on  V^^^^^\ciflii,\^2, 
three  hundred  and  thirty  of  the  Twenty-second  Statutes  amended. 
at  Large,  and  relating  to  pensions  of  inmates  of  the  Gov-  HSpital^for^the 
ernment  Hospital  for  the  Insane,  is  hereby  stricken  out^^^®- 
and  the  following  inserted  : 

''Provided,  That  in  addition  to  the  persons  now  en- toIdmLion*"^®"^ 
titled  to  admission  to  said  hospital,  any  inmate  of  the 
National  Home  for  Disabled  Volunteer  Soldiers  who  is 
now  or  may  hereafter  become  insane  shall,  upon  an  order 
of  the  president  of  the  Board  of  Managers  of  the  said 
National  Home,  be  admitted  to  said  hospital  and  treated 
therein.    During  the  time  that  any  pensioner  shall  be  an  ,  Pension  money 

-^  -TT-ii.  1-r  ^"®    inmates 

mmate  oi  the  (rovernment  Hospital  for  the  Insane  all  paid  to  superm- 
money  due  or  becoming  due  upon  his  or  her  pension 
shall  be  paid  by  the  pension  agent  to  the  superintendent 
of  the  hospital,  upon  a  certificate  by  such  superintendent 
that  the  pensioner  is  an  inmate  of  the  hospital  and  is 
living,  and  such  pension  money  shall  be  by  said  superin- 
tendent disbursed  and  used,  under  regulations  to  be  pre- 
scribed by  the  Secretary  of  the  Interior,  for  the  benefit 
of  the  pensioner,  and,  in  the  case  of  a  male  pensioner, 
his  wife,  minor  children,  and  dependent  parents,  or,  if 
a  female  pensioner,  her  minor  children,  if  any,  in  the 
order  named,  and  to  pay  his  or  her  board  and  mainte- 
nance in  the  hospital;  the  remainder  of  such  pension 
money,  if  any,  to  be  placed  to  the  credit  of  the  pensioner 
and  to  be  paid  to  the  pensioner  or  the  guardian  of  the 
pensioner  in  the  event  of  his  or  her  discharge  from  the 
hospital ;  or,  in  the  event  of  the  death  of  said  pensioner  acSSS^^'^Ssion 
while  an  inmate  of  said  hospital,  shall,  if  a  female  pen-  ^^t^®^^^  °^  ^' 
sioner,  be  paid  to  her  minor  children,  and,  in  the  case  of 
a  male  pensioner,  be  paid  to  his  wife,  if  living ;  if  no  wife 
survives  him,  then  to  his  minor  children;  and  in  case 
there  is  no  wife  nor  minor  children,  then  the  said  unex- 
pended balance  to  his  or  her  credit  shall  be  applied  to    Disposition   of 
the  general  uses  of  said  hospital :  Provided  further,  That  funds  with  treas- 
m  the  case  of  pensioners  transferred  to  the  hospital  from  homes  on  trans- 
the  National  Home  for  Disabled  Volunteer  Soldiers,  anv Government 

"  Hospital  for  the 


128  AKMY   AND    NAVY   PENSIONS. 

pension  money  to  his  credit  at  said  Home  at  the  time  o 

his  said  transfer  shall  be  transferred  with  him  to  sai 

hospital  and  placed  to  his  credit  therein,  to  be  expende 

as  hereinbefore  provided ;  and  in  case  of  his  return  f roi 

said  hospital  to  the  Home,  any  balance  to  his  credit  a 

said  hospital  shall,  in  like  manner,  be  transferred  to  sai 

Home,  to  be  expended  in  accordance  with  the  rules  estal 

lished  in  regard  thereto.     This  provision  shall  also  t 

applicable  to  all  unexpended  pension  money  heretofoi 

paid  to  the  officers  of  the  said  hospital  on  account  c 

pensioners  who  were  but  are  not  now  inmates  thereof 

i906^*34'^stS.  h'     ^^^  moneys  belonging  to  deceased  inmates  of  the  Goi 

^^Dep^o^s^'^^of^^^"^^^^  Hospital  for  the  Insane  and  deposited  in  tl 

P^^]2^g^^^f°®g Treasury  by  the  superintendent  as  agent  prior  to  Fel 

Sy^^oi.  33?  p"  ^^^^y  twentieth,  nineteen  hundred  and  five,  shall,  if  ui 

^^covered  into^^^^^®^  ^J  ^^®  legal  heirs  of  such  inmate  within  tl 

fl^^sV  un-P^^i^^  ^^  fi^®  years  from  the  date  of  the  passage  of  th 

claimed.  ^^^.^^  j^g  covered  into  the  Treasury,  and  all  moneys  i 

deposited  by  the  superintendent  as  agent  after  Februai 

twentieth,  nineteen  hundred  and  five,  and  belonging  i 

inmates  who  have  died  since  that  time,  or  may  hereaftc 

die,  shall  likewise  be  covered  into  the  Treasury  unle 

claimed  by  his  or  her  legal  heirs  within  five  years  fro 

the  death  of  the  inmate.    And  the  superintendent  of  tl 

Government  Hospital  for  the  Insane  is  hereby  authorize 

and  directed^  under  such  regulations  as  may  be  prescrib 

by  the  Secretary  of  the  Interior,  to  make  diligent  inqui: 

in  every  instance  after  the  death  of  an  inmate  to  ascerta 

the  whereabouts  of  his  or  her  legal  heirs.    Claims  may 

presented  hereunder  at  any  time,  and  when  establish 

by  competent  proof  in  any  case  not  more  than  five  yea 

after  the  death  of  an  inmate  shall  be  certified  to  Congrt 

for  consideration. 

35^sta^^V'^592'      That  sectiou  forty-eight  hundred  and  thirty-nine  of  t 

^'lec^oR  s  ^^"^ised  Statutes  be,  and  the  same  is  hereby,  amended 

^°??-?^n®,^r;  L  nr,  i  as  to  Tcad  as  follows : 

Gover  n  m  e  n  t 

Hospital  for  the     "  gEc.  4839.  The  chicf  executive  officer  of  the  Govei 

Insane. 

^upermtei^ent,  ment  Hospital  for  the  Insane  shall  be  a  superintende: 
who  shall  be  appointed  by  the  Secretary  of  the  Interi 
shall  be  entitled  to  a  salary  of  four  thousand  dollars 
year,  and  shall  give  bond  for  the  faithful  performance 
his  duties  in  such  sum  and  with  such  securities  as  m  \ 
be  required  by  the  Secretary  of  the  Interior.  The  sup 
intendent  shall  be  a  well-educated  physician,  possess. 


sg 


I  PENSION   AGENTS  AND  PAYMENT   OF  PENSIONS.  129 

competent  experience  in  the  care  and  treatment  of  the 
insane;  he  shall  reside  on  the  premises  and  devote  his 
iwhole  time  to  the  welfare  of  the  institution;  he  shall, 
JTiubject  to  the  approval  of  the  board  of  visitors,  appoint 
a  responsible  disbursing  agent  for  the  institution,  who  agentf  biiidVdu^ 
shall  give  a  bond  satisfactory  to  the  Secretary  of  the  In- 
terior, and  the  said  superintendent  shall  engage  and  dis- 
charge all  needful  and  useful  employees  in  the  care  of  the 
insane  and  all  laborers  on  the  farm  and  determine  their 
wages  and  duties;  he  shall  also  be  an  ex  officio  secretary 
of  the  board  of  visitors.  The  said  disbursing  agent, 
under  the  direction  of  the  superintendent,  shall  have  the 
custody  of  and  pay  out  all  moneys  appropriated  by  Con- 
gress for  the  Government  Hospital  for  the  Insane,  or 
otherwise  received  for  the  purposes  of  the  hospital,  and 
all  moneys  received  by  the  superintendent  in  behalf  of 
the  hospital  or  its  patients,  and  keep  an  accurate  account 
or  accounts  thereof.  The  said  disbursing  agent  shall  de-j^J^P^^**^  °' 
posit  in  the  Treasury  of  the  United  States,  under  the  di- 
rection of  the  superintendent,  all  funds  now  in  the  hands 
of  the  superintendent  or  which  may  hereafter  be  in- 
trusted to  him  by  or  for  the  use  of  patients,  which  shall 
be  kept  in  a  separate  account;  and  the  said  disbursing ^.q^^"**®  ^ 
agent  is  authorized  to  draw  therefrom,  under  the  direc- 
tion of  the  said  superintendent,  from  time  to  time,  under 
such  regulations  as  the  Secretary  of  the  Interior  may 
prescribe,  for  the  use  of  such  patients,  but  not  to  exceed 
for  any  one  patient  the  amount  intrusted  to  the  superin- 
tendent on  account  of  such  patient.  During  the  time  ^j  p^^^JJf ^®£* 
that  any  pensioner  shall  be  an  inmate  of  the  Government 
Hospital  for  the  Insane,  all  money  due  or  becoming  due 
upon  his  or  her  pension  shall  be  paid  by  the  pension  agent 
to  the  superintendent  or  disbursing  agent  of  the  hos- 
pital, upon  a  certificate  by  such  superintendent  that  the 
pensioner  is  an  inmate  of  the  hospital  and  is  living,  and 
such  pension  money  shall  be  by  said  superintendent  or 
disbursing  agent  disbursed  and  used,  under  regulations 
to  be  prescribed  by  the  Secretary  of  the  Interior,  for  the 
benefit  of  the  pensioner,  and,  in  case  of  a  male  pensioner, 
his  wife,  minor  children,  and  dependent  parents,  or,  if  a 
female  pensioner,  her  minor  children,  if  any,  in  the  order 
named,  and  to  pay  his  or  her  board  and  maintenance  in 
the  hospital,  the  remainder  of  such  pension  money,  if  any, 
to  be  placed  to  the  credit  of  the  pensioner  and  to  be  paid 
to  the  pensioner  or  the  guardian  of  the  pensioner  in  the 
event  of  his  or  her  discharge  from  the  hospital;  or,  in 


130  ARMY  AND   NAVY  PENSION^. 

the  event  of  the  death  of  said  pensioner  while  an  inma 
of  said  hospital,  shall,  if  a  female  pensioner,  be  paid 
de?% f°VeSS"  ^^^^  minor  children,  and,  in  the  case  of  a  male  pension( 
^^'  be  paid  to  his  wife,  if  living;  if  no  wife  survives  hi 

then  to  his  minor  children;  and  in  case  there  is  no  wi 
nor  minor  children,  then  the  said  unexpended  balan 
to  his  or  her  credit  shall  be  applied  to  the  general  uses 
T^Ser  of  bai- ^^^^  hospital  I  Provided,  That  in  the  case  of  any  pe 
^Q<jJ^^"gfroj^sioner  transferred  to  the  hospital   from  the   Natior 
dier'sHome.       Home   for   Disabled   Volunteer   Soldiers,    any   pensii 
money  to  his  credit  at  said  home  at  the  time  of  his  sa 
transfer  shall  be  transferred  with  him  to  said  hospil 
and  placed  to  his  credit  therein,  to  be  expended  as  herei 
before  provided,  and  in  case  of  his  return  from  sa 
hospital  to  the  home  any  balance  to  his  credit  at  sa 
hospital  shall  in  like  manner  be  transferred  to  said  hon 
to  be  expended  in  accordance  with  the  rules  establish 
in  regard  thereto,  and  this  provision  shall  also  be  app 
cable  to  all  unexpended  pension  money  heretofore  pa 
to  the  officers  of  said  hospital  on  account  of  pensiom 
who  were  but  are  not  now  inmates  thereof." 
rto^**^"  That  all  provisions  of  law  inconsistent  with  this  i 

are  hereby  repealed. 
2g-^|f^Y"£2,i895,     That  from  and  after  the  twenty-eighth  day  of  Septe 
*^*Aa;rued  pen-^^'  eighteen  hundred  and  ninety-two,  the  accrued  pensi 
towhompSd.^^^  to  the  date  of  the  death  of  any  pensioner,  or  of  any  p 
son  entitled  to  a  pension  having  an  application  there: 
pending,  and  whether  a  certificate  therefor  shall  isj 
prior  or  subsequent  to  the  death  of  such  person,  shall, 
the  case  of  a  person  pensioned,  or  applying  for  pensi' 
on  account  of  his  disabilities  or  service,  be  paid,  first, 
his  widow;  second,  if  there  is  no  widow,  to  his  child 
children  under  the  age  of  sixteen  years  at  his  death ;  thi 
in  case  of  a  widow,  to  her  minor  children  under  the  i 
of  sixteen  years  at  her  death.     Such  accrued  pension  sh 
estate  ^^^  °'not  be  considered  a  part  of  the  assets  of  the  estate  of  si 
deceased  person,  nor  be  liable  for  the  payment  of 
debts  of  said  estate  in  any  case  whatsoever,  but  shall  in 
to  the  sole  and  exclusive  benefit  of  the  widow  or  childr 
And  if  no  widow  or  child  survive  such  pensioner,  s 
in  the  case  of  his  last  surviving  child  who  was  such  mi: 
at  his  death,  and  in  case  of  a  dependent  mother,  fatl 
sister,  or  brother,  no  payment  whatsoever  of  their    i 
mSitl?pemes^of^^^®^  pcusiou  shall  be  made  or  allowed  except  so  mi  i 
buriaif^^^^^  ^°^  ^^  ^^7  ^®  necessary  to  reimburse  the  person  who  bore   1 


PENSION  AGENTS  AND  PAYMENT  OF  PENSIONS.  131 

spense  of  their  last  sickness  and  burial,  if  they  did  not 
>ave  sufficient  assets  to  meet  such  expense.  And  the 
lailing  of  a  pension  check,  drawn  by  a  pension  agent  in  to^^3?neS^^ 
ayment  of  a  pension  due,  to  the  address  of  a  pensioner, 
lall  constitute  payment  in  the  event  of  the  death  of  a 
ensioner  subsequent  to  the  execution  of  the  voucher 
lerefor.  And  all  prior  laws  relating  to  the  payment  of  p^^gd'  ^^^^  '^ 
ccrued  pension  are  hereby  repealed. 

That  hereafter  the  settlement  of  all  claims  for  the  3/5^4^^.4,1909, 
3imbursement  of  expenses  of  the  last  sickness  and  burial  c- 302,  part, 
f  deceased  pensioners  shall  be  under  the  direction  of  the  pensions  ii  settle 

.  •      •  j»  -r»         •  1  reimbursement 

lommissioner  or  r'ensions.^  claims. 

*  *  *  and  no  part  of  any  accrued  pension  shall  gg^ft^^^^L^'JJoS' 
ereafter  be  used  to  reimburse  any  State,  county,  or^^i^^PI^-^-^^. 
mnicipal  corporation  for  expenses  incurred  by  such^^o^.^^^^^y^^gj^^ 
►tate,  county,  or  municipal  corporation  under  State  law  ft'^te^Si^ty,  o? 
or  expenses  of  the  last  sickness  or  burial  of  a  deceased  3n?^*^  ^^^^ 
•ensioner.     *     *     * 

The  failure  of  any  pensioner  to  claim  his  pension  for   unci^^J^n. 
bree  years  after  the  same  shall  have  become  due  shall  f^^^'  disposition 
e  deemed  presumptive  evidence  that  such  pension  has  jgfJ^iJ^^^t^L^I 
igally  terminated  by  reason  of  the  pensioner's  death,  ^^*- 
emarriage,  recovery  from  the  disability,  or  otherwise, 
nd  the  pensioner's  name  shall  be  stricken  from  the  list 
f  pensioners,  subject  to  the  right  of  restoration  to  the 
ame  on  a  new  application  by  the  pensioner,  or,  if  the 
lensioner  is  dead,  by  the  widow  or  minor  children  en- 
itled  to  receive  the  accrued  pension,  accompanied  by  evi- 
ience  satisfactorily  accounting  for  the  failure  to  claim 
uch  pension,  and  by  medical  evidence  in  cases  of  invalids 
<^ho  were  not  exempt  from  biennial  examinations  as  to 
he  continuance  of  the  disability. 

No  sum  of  money  due,  or  to  become  due,  to  any  pen-  l^loJnotua- 
ioner,  shall  be  liable  to  attachment,  levy,  or  seizure  by^ent.***  ***^^" 
►r  under  any  legal  or  equitable  process  whatever,  whether  i873^'i?^st^t"'L^! 
he  same  remains  with  the  Pension-Office,  or  any  officer  i8^^^4  |tat°L^; 
)r  agent  thereof,  or  is  in  course  of  transmission  to  the  fg^s^s  ItJj^^L^; 
)ensioner  entitled  thereto,  but  shall  inure  wholly  to  the^^* 
)enefit  of  such  pensioner. 

1  Reimbursement  claims  were  formerly  settled  in  the  Treasury  Depart- 
oent,  jurisdiction  over  them  having  been  conferred  on  the  Commissioner 
>f  Pensions  by  this  act. 


Chapter  IX. 
MISCELLANEOTTS  STATUTES,  AND  TABLES   OF  RATES. 


SBC.  4715,  R.  S.  Two  pensions  not  allow- 
able ;  right  of  election. 

Sec.  4720,  R.  S.  Pensions  under  special 
acts  of  Congress. 

Act  June  6,  1874.  Special  act  pensions 
equalized. 

Act  July  25,  1882.  Pension  under  special 
act  not  to  be  additional  to  that  allowed 
by  general  law  unless  the  act  specifically 
grants  an  additional  pension. 

Act  Mae.  4,  1909.  Additional  pension 
granted  by  a  special  act  to  a  widow  or 
guardian  on  account  of  a  helpless  child 
not  to  aflfect  the  rate  of  pension  to 
which  the  widow  may  be  entitled  Inde- 
pendent of  the  additional  allowance. 

Resolution  Mat  29,  1830.  Report  to  be 
made  to  Congress  in  case  of  meritorious 
claim  not  provided  for  by  existing  law. 

Joint  Resolution  Feb.  1,  1884.  Detail  of 
clerks  from  Pension  Office  to  the  pen- 
sion committees  of  the  House  of  Repre- 
sentatives. 

Sec.  4716,  R.  S.  Disloyalty  bar  to  pension. 

Act  Aug.  1,  1892.  Pensions  to  certain 
soldiers  and  sailors  allowed,  although 
they  had  engaged  in  the  rebellion. 

Joint  Resolution  July  1,  1902,  Sec,  1. 
Limitation  of  section  4716,  R.  S.,  as  to 
disloyalty  removed  in  certain  cases. 

Sec.  4724,  R.  S.  Both  pension  and  pay  not 
allowed  unless,  etc. 

Act  Aug.  29,  1890,  and  Act  Mar.  3,  1891. 
Pensions  not  allowed  to  persons  on  the 
active  or  retired  list  of  the  Army,  Navy, 
or  Marine  Corps. 

Act  May  27,  1908.  Pensions  not  allowed  to 
persons  in  the  Revenue-Cutter  Service. 

Act  Dec.  21,  1893.  Pensions  not  to  be 
withheld  or  suspended  until  after  notice. 

Sec.  4733,  R.  S.  Continuance  of  pension 
to  certain  persons. 

Sec.  4734,  R.  S.  Pensions  not  to  be  with- 
held for  debts  due  the  United  States. 

Sec.   224,   R.    S.   Certificate  of   service   in 

Army,  given  in  lieu  of  lost  discharge,  not 

to  be  accepted  as  evidence. 
Act  May  15,  1886.  Discharges  to  be  issued 

to     members     of     the     Missouri     Home 

Guards. 


Act  June  25,  1910.  Secretary  of  War  and 
Secretary  of  the  Navy  authorized  to 
issue  certificates  of  discharge,  etc.,  in 
true  names  of  such  persons  as  enlisted 
or  served  under  assumed  names,  etc. 

Sec.  4749,  R.  S.  Certain  soldiers  and 
sailors  not  to  be  deemed  deserters. 

Act  Aug.  14,  1888.  Relieving  certain  ap- 
pointed and  enlisted  men  of  the  Navy 
and  Marine  Corps  from  the  charge  of 
desertion. 

Act  May  24,  1900.  Removing  limitation 
as  to  time  of  filing  claims  under  act 
Aug.  14,  1888. 

Act  Mar.  2,  1889.  Charges  of  desertion  re- 
moved from  the  records  of  certain  volun- 
teer soldiers. 

Act  Mar.  2,  1891.  Amending  act  Mar.  2, 
1889,  as  to  minor's  discharge  by  order 
of  court. 

Act  July  27,  1892.  Extending  limitation 
as  to  time  of  filing  applications  under 
the  act  of  Mar.  2,  1889. 

Act  Mar.  2,  1895.  Removing  limitation  as 
to  time  of  filing  applications  under  the 
act  of  Mar.  2,  1889. 

Act  April  26,  1898.  Desertion  from  the 
army  In  time  of  war  forfeits  pensionable 
rights. 

Act  May  11,  1908.  Desertion  from  the 
army  forfeits  pensionable  rights. 

Joint  Resolution  Feb.  27,  1911.  Modi- 
fying certain  laws  relating  to  the  mili- 
tary records  of  certain  soldiers  and  sail- 
ors so  as  to  permit  the  allowance  of 
pensions. 

Sec.  4701,  R.  S.  Date  when  service  termi- 
nates. 

Joint  Resolution  July  1,  1902,  Sec.  2. 
As  to  final  honorable  discharge  from  the 
War  of  the  Rebellion. 

Joint  Resolution  June  28,  1906.  Extend- 
ing the  provisions  of  section  2,  joint  reso- 
lution of  July  1,   1902. 

ACT  Apr.  22,  1898,  Sec.  12.  Status  of 
Spanish  War  volunteers  in  respect  to 
pension  rights. 

Act  May  28,  1896.  Merchant-marine  serv- 
ice, persons  serving  therein  liable  to 
draft  In  time  of  war,  and  entitled  to  pen- 
sions for  wounds  received. 

Act  Mar.  1,  1879.  Pensioners  In  civil 
service,  may  be  paid  pension. 

Tables  of  rates. 

138 


134  ARMY  AND   NAVY  PENSIONS. 


)  alloVi 


Ko^^penfioM  ^^othing  in  this  Title  shall  be  so  construed  as  to 
°°sec"2o,^Mar.  3,  "^^^®  ^^^^  ^^®  pcnsion  at  the  same  time  to  the  same' 
573fs^ilf4;i^P^^^^^?  ^^  ^  persons  entitled  jointly;  but  any  pensioner 
12'  s^l  l!,^567;  ^^^  ^^^^1  ^^  ®1^^^  ^^y  surrender  his  certificate,  and  re- 
fge  \^^s5^®L^;ceive,  in  lieu  thereof,  a  certificate  for  any  other  pension 
iSeriAtatfif;  *^  which  he  would  have  been  entitled  had  not  the  sur- 
^-  rendered  certificate  been  issued.    But  all  payments  pre- 

viously made  for  any  period  covered  by  the  new  certifi- 
cate shall  be  deducted  from  the  amount  allowed  by  such 
certificate. 
ISsS'mider     When  the  rate,  commencement,  and  duration  of  a  pen- 
^^sS^S,*Mar.  3,  si^^  allowed  by  special  act  are  fixed  by  such  act,  they 
574?'se^.^i5f  Juiy^^^^^^  ^^^  ^®  subject  to  be  varied  by  the  provisions  and 
f'^^Hf'.  ^^^**{' limitations  of  the  general  pension-laws,  but  when  not 
stet.L!,m.°'  ^^thus  fixed  the  rate  and  continuance  of  the  pension  shall 
mf^,  act°june*6^^'®  subjcct  to  variation  in  accordance  with  the  general 
1874.  laws,  and  its  commencement  shall  date  from  the  passage 

au^ffi^^cS^^  ^^^  special  act,  and  the  Conamissioner  of  Pensions  shall, 
frauJ^^P^^'^^^upon  satisfactory  evidence  that  fraud  was  perpetrated  in 
obtaining  such  special  act,  suspend  payment  thereupon 
until  the  propriety  of  repealing  the  same  can  be  consid- 
ered by  Congress. 
is'stetJ^^feifc'.     '^^^^  ^^^  persons  entitled  to  pensions  under  special  acts 
^^see  sec.  4720,  ^^^^S  ^^^  ^^^^  ^^  such  pcnsions^  and  now  receiving  or 
^Special-act  pen-  entitled  to  receive  a  less  pension  than  that  allowed  by  the 
sions  equalled,    general  pension  laws  under  like  circumstances,  are,  in 
lieu  of  their  present  rate  of  pension,  hereby  declared  to 
be  entitled  to  the  benefits  and  subject  to  the  limitations 
of  the  general  pension-laws,  entitled  "An  act  to  revise, 
consolidate,  and  amend  the  laws  relating  to  pensions," 
approved  March  third,  eighteen  hundred  and  seventy- 
three  ;  and  that  this  act  go  into  effect  from  and  after  its 
passage:  Provided,  That  this  act  shall  not  be  construed 
to  reduce  any  pension  granted  by  special  act. 
,  Act   j^y  26,     That  no  person  who  is  now  receiving  or  shall  hereafter 

1882,  22  Stat.  L».,  .  .  ,  ini  •It 

i76,c.  349,  sec.  5.  receive  a  pension  under  a  special  act  shall  be  entitled  to 

Pension  under  .         .  .   .  , 

special  act  not  to  receive  in  addition  thereto  a  pension  under  the  general 

be  in  addition  to  ^  ^ 

*^erai"°iaw^  ^ylaw,  unlcss  the  special  act  expressly  states  that  the  pen- 
cept.         '       sion  granted  thereby  is  in  addition  to  the  pension  which 

said  person  is  entitled  to  receive  under  the  general  law. 
is'staf  T^'S'     That  when  an  additional  pension  has  been,  or  may  here- 
^'■^dTttonai    n-^-^*®^  ^^'  granted  by  special  act  to  a  widow  or  guardian 
hSpie^^^hiid'^^  account  of  a  helpless  child,  such  additional  pension 
ownot affected*^"  ^hall  in  no  wisc  affect  the  rate  of  pension  the  widow  may 

be  entitled  to  independent  of  such  additional  allowance. 


MISCELLANEOUS  STATUES,  AND  TABLES  OF  EATES.  135 

That  the  heads  of  department,  who  may  severally  (be)  2^^mo!'T^tl 
harged  with  the  administration  of  the  pension  laws  of  ^-^^  ^^^o,    Pub. 
he  United  States  of  America,  be,  and  they  hereby  are,  jj^s^^^f^^^e^ary^f 
espectively,  directed  and  required,  as  soon  as  may  be  gP^^^^^j  ^j^^^..^^^: 
iter  the  opening  of  each  session  of  Congress,  to  pre- °^^5jj^°\Jj.  ^^ 
ent  to  the  Senate  and  House  of  Representatives,  a  several  ^^^• 
ist  of  such  persons,  whether  revolutionary,  invalid,  or 
otherwise,  as  shall  have  made  application  for  a  pension, 
ir  an  increase  of  pension,  and  as,  in  their  opinion,  respec- 
iveiy,  ought  to  be  placed  upon  the  pension  roll  or  other- 
srise  provided  for,  and  for  doing  which  they  have  no 
ufficient  power  or  authority,  with  the  names  and  resi- 
[ence  of  such  persons,  the  capacity  in  which  they  served, 
he  degree  of  relief  proposed,  and  a  brief  statement  of 
he  grounds  thereof,  to  the  end  that  Congress  may  con- 
ider  the  same. 

That  the  Secretary  of  the  Interior  be,  and  is  hereby,  i,?^/S*sSt^5* 
uthorized  if  in  his  opinion  the  public  interests  will  not  ^^Jj  J-^^^f  j^-  ^^ 
uffer  thereby,  upon  the  request  of  either  of  the  com-  partmeS'^f  ?^ 
Qittees  hereinafter  named,  to  detail  from  that  depart- J^^^Jj^J^j^^^^ 
aent  one  clerk  to  act  as  assistant  clerk  to  the  House  Com-  House, 
aittee  on  Pensions,  and  one  clerk  to  act  as  assistant 
lerk  to  the  House  Committee  on  Invalid  Pensions. 

No  money  on  account  of  pension  shall  be  paid  to  any  ^■^}^'  ^  ^. 
)erson,  or  to  the  widow,  children,  or  heirs  of  any  deceased  site.    ^^  ,,     ^ 

'  ,  '  .  Sec.  23,  Mar.  3, 

)erson,  who  in  any  manner  voluntarily  engaged  in,  ^^  1%^'JJ  ff^  ^4' 
ided  or  abetted,  the  late  rebellion  against  the  authority  1862, 12  stat.  l.) 
►f  the  United  States.^ 

That  the  act  entitled  "An  act  amending  the  pension  gy^lf^f^f^^'^ffj' 
aw  so  as  to  remove  the  disability  of  those  who,  having  ^'^  g^^^j^^g  ^^  ^^j]^ 
)articipated  in  the  rebellion,  have  since  its  termination  ^^^  ^^^  saUors 

^  '  in   certain   cases 

unlisted  in  the  Army  of  the  United  States,  and  become  Jj^wed^  ^^hough 
lisabled,"  approved,  March  third,  eighteen  hundred  and  inrebeiuon. 
seventy-seven,^  be,  and  the  same  is  hereby,  amended  so  as 
o  read  as  follows: 

" That  the  law  prohibiting  the  payment  of  any  money ^g^J^^^J^^Jg^^^, 
)n  account  of  pensions  to  any  person,  or  to  the  widow,  J™g®^^|^'  ^^^ 
hildren,  or  heirs  of  any  deceased  person  who,  in  any  man- 

1  Limitation  imposed  by  sec.  4716,  R.  S.,  is  removed  in  specified  cases  by 
he  following  statutes  :  Act  Mar.  9,  1878,  20  Stat.  L.,  28,  c.  28,  sec.  5  ;  act 
an.  29,  1887,  24  Stat.  L.,  372,  c.  70,  sec.  5 ;  act  July  27,  1892,  27  Stat.  L., 
.'82,  c.  277,  c.  6 ;  act  Aug.  1,  1892,  27  Stat.  L.,  340,  c.  351 ;  act  Apr.  18, 
900,  31  Stat.  L.,  136,  c.  244;  act  June  27,  1902,  32  Stat.  L.,  399,  c.  1156; 
oint  resolution  July  1,  1902,  32  Stat.  L.,  750,  pub.  res.,  42 ;  act  May  30, 
908,  35  Stat.  L.,  553,  c.  230. 

2  Act  of  Mar.  3,  1877,  19  Stat.  L.,  403,  c.  120,  related  to  the  Army  only ; 
ct  of  Aug.  1,  1892,  extended  the  provisions  of  said  act  to  include  the 
^Javy. 


136  ARMY   AND    NAVY   PENSION^. 

ner,  engaged  in  or  aided  or  abetted  the  late  rebellioi 
against  the  authority  of  the  United  States,  shall  not  b 
construed  to  apply  to  such  persons  as  afterward  voIue 
tarily  enlisted  in  either  the  Navy  or  Army  of  the  Unitei 
States,  and  who,  while  in  such  service,  incurred  disabilit; 
from  a  wound  or  injury  received  or  disease  contracted  i: 
the  line  of  duty." 

1902  ^f  stSV/     That  the  Act  approved  June  twenty-seventh,  eighteei 
7^;  Pub.  Res.  42,  j^^j^^jj,^^  and  ninety,  entitled  "An  Act  granting  pension 
actj^ll^fm.^^  soldiers  and  sailors  who  are  incapacitated  for  the  pei 
sec.^i6fR.^s.,riformance  of  manual  labor,  and  providing  for  pensions  t 
moved,  except—  ^^(Jq^s^  minor  children,  and  dependent  parents,"  is  cor 
strued  and  held  to  include  all  persons  and  the  widow 
and  minor  children  of  all  deceased  persons,  subject  to  th 
limitations  of  said  act,  who  served  for  ninety  days  in  th 
military  or  naval  service  of  the  United  States  during  th 
late  war  of  the  rebellion,  and  who  have  been  honorabl; 
discharged  therefrom,  and  section  forty-seven  hundre 
and  sixteen,  Kevised  Statutes  United  States,  is  amende 
as  to  certain  regi-  accordingly :  Provided,  however,  That  the  foregoing  sha 
not  apply  to  those  who  served  in  the  First,  Second,  Thir( 
Fourth,  Fifth,  and  Sixth  Kegiments  United  States  Vo 
unteer  Infantry  who  had  a  prior  service  in  the  Confec 
erate  army  or  navy  and  who  enlisted  in  said  regimem 
while  confined  as  prisoners  of  war  under  a  stipulatic 
that  they  were  not  to  be  pensionable  under  the  laws  ( 
the  United  States,^  nor  to  those  who,  having  had  sue 
prior  service,  enlisted  in  the  military  or  naval  service  < 
the  United  States  after  the  first  day  of  January,  eighte( 
hundred  and  sixty-five, 
^th^^pem&n     ^^  person  in  the  Army,  Navy,  or  Marine  Corps  she 
hfweJ!^^  unless'  ^raw  both  a  pension  as  an  invalid  and  the  pay  of  h 
®*Act  Apr.   30  rank  or  station  in  the  service,  unless  the  disability  f< 
1844,  5  Stat.  L.,  ^y^ich  the  pension  was  granted  be  such  as  to  occasion  1: 
isfria^'stft^'L' employment  in  a  lower  grade,  or  in  the  civil  branch 
Sn'stlrL^the  service. 

57,  and  act  Mar.  I,'l879,  20  Stat.  L.,  327. 

i89of 26i'tlt.  L^;     Hereafter  no  officer  of  the  Army,  Navy  or  Mari 
^^officl?'o1f  Vel  Corps  on  the  retired  list  shall  draw  or  receive  any  pe  i 
mfed^g%"ensi^og:sion  under  any  law. 

1  Under  date   of   Feb.    17,   1903,   the   Commissioner  of  Pensions  iss  i 

instructions  that  claims  for  pension  filed  by  persons  who  served  in  j  i 

of  the  six  regiments  above  named  shall  be  treated  the  same  as  the  cla  c 

of  those  persons  who  rendered  service  in  other  than   the  excepted  r  ', 

ments,  upon  the  ground  that  no  such  stipulation  as  named  in  the  reS"  i 
tion,    either    express    or    implied,    was    found    of    record    in    the    "S 
Department. 


J 


fp  MISCELLANEOUS   STATUES,   AND   TABLES  OF  RATES.  137 

*  *     *     And  provided  further^   That   hereafter   nOgg^^^-J^^-^'J^' 
pension  shall  be  allowed  or  paid  to  any  officer,  noncom- ^- ^^j^pj^*-^^  ^ 
missioned  officer,  or  private  in  the  Army,  Navy,  or  Ma-  f^^  ^H  auowld 
rine  Corps  of  the  United  States,  either  on  the  active  or  pension. 
retired  list. 

*  *     *    Provided^  That  hereafter  no  pension  shall  bcig^^^gs^fy  £; 
allowed   or  paid  to   any  commissioned  officer,  warrant  ^^^^-^'P^^- 
officer,  or  enlisted  man  in  the  Kevenue-Cutter  Service  ^^{ioP|^^^°'^  ^° 
either  on  the  active  or  retired  list. 

*  *     *     Provided^   That   any   pension   heretofore   orig^^^gs^St.  £!' 
that  may  hereafter  be  granted  to  any  applicant  therefor  ^Ve^i?^not  to 
under  any  law  of  the  United  States  authorizing  the  grant-  ^gp^dS^^  unSi 
ing  and  payment  of  pensions,  on  application  made  and^*®^"°^^^' 
adjudicated  upon,  shall  be  deemed  and  held  by  all  officers 

of  the  United  States  to  be  a  vested  right  in  the  grantee 
to  that  extent  that  payment  thereof  shall  not  be  withheld 
or  suspended  until,  after  due  notice  to  the  grantee  of  not 
less  than  thirty  days,  the  Commissioner  of  Pensions,  after 
hearing  all  the  evidence,  shall  decide  to  annul,  vacate, 
modify,  or  set  aside  the  decision  upon  which  such  pension 
was  granted.  Such  notice  to  grantee  must  contain  a  full 
and  true  statement  of  any  charges  or  allegations  upon 
which  such  decision  granting  such  pension  shall  be  sought 
to  be  in  any  manner  disturbed  or  modified. 

All  pensioners  whose  names  are  now  on  the  pension-    cSntou^^'^f 
roll  or  who  are  entitled  to  restoration  to  the  roll  under  g^n?.^^'^*'"'^ 
any  act  of  Congress,  shall  be  entitled  to  the  continuance 
of  such  pensions  under  the  provisions  and  limitations  of 
this  Title,  and  to  such  further  increase  of  pension  as  is 
herein  provided. 

The  provisions  of  law  which  allow  the  withholding  of    sec  4734,  r.  s. 

^  .  =>  Pensions  are 

the  compensation  of  any  person  who  is  in  arrears  shall  g^f,***  ^  ^^^- 
not  be  construed  to  authorize  the  pension  of  any  pensioner  -^^^^^  ^gj  ^' 
of  the  United  States  to  be  withheld.  3i.  ' 

Whenever  satisfactory  proof  is  furnished  to  the  War    i^ss^of' Srtm- 
Department  that  any  noncommissioned  officer  or  private  *^Ma?!  3,^\^8^^c! 
soldier  who  served  in  the  Army  of  the  United  States  m'^^hS!''  ^'  ^'  ^^' 
the  late  war  against  the  rebellion  has  lost  his  certificate 
of  discharge,  or  the  same  has  been  destroyed  without  his 
privity  or  procurement,  the  Secretary  of  War  shall  be 
authorized  to  furnish,  on  request,  to  such  noncommis- 
sioned officer  or  private  a  duplicate  of  such  certificate  of 
discharge,  to  be  indelibly  marked,  so  that  it  may  be 
known  as  a  duplicate;  but  such  certificate  shall  not  be 


138  ARMY  AND  NAVY  PENSIONS. 

accepted  as  a  voucher  for  the  payment  of  any  claim 
against  the  United  States  for  pay,  bounty,  or  other  allow- 
ance, or  as  evidence  in  any  other  case. 
.A^K.^^^.  }^'     That  the  Secretary  of  War  be,  and  is  hereby,  author- 

1886,  24  Stat.  L.,  .        ,  ,       .  -1  I.  •    1  1      .  IT 

23;C. 327.  ized  and  directed  to  furnish,  upon  their  several  applica- 

^^•'^char  es    to  ^^^^^  theref or,  a  certificate  of  discharge  to  each  and  every 


be  issued  to  mem- member  of  the  Missouri  Home  Guards  whose  claims  for 

bersof.  .       . 

pay  were  adjudicated  by  the  Hawkins-Taylor  Commis- 
sion, under  the  act  approved  March  twenty-fifth,  eighteen 
hundred  and  sixty-two,  and  the  several  acts  supplemen- 
tary thereto. 

wio^^se'^stet.  L '  ^^^^  *^®  ^^*  entitled  "An  Act  for  the  relief  of  soldiers 
^e^stat'L^sV  ^^^  sailors  who  enlisted  or  served  under  assumed  names, 
amended.  ^^^^  while  miuors  or  otherwise,  in  the  army  or  navy,  during 
Navy.  the  war  of  the  rebellion,"  approved  April  fourteenth, 

eighteen  hundred  and  ninety,  be,  and  the  same  is  hereby, 
amended  to  read  as  follows : 
Dis^arge  cer-     "  That  the  Secretary  of  War  and  the  Secretary  of  the 
Navy  be,  and  they  are  hereby,  authorized  and  required 
to  issue  certificates  of  discharge  or  orders  of  acceptance 
Issued^  in  teue  of  resignation,  upon  application  and  proof  of  identity,  in 
serving.  the  true  name  of  such  persons  as  enlisted  or  served  under 

assumed  names,  while  minors  or  otherwise,  in  the  Army 
an^^pmpSS^^^  Navy  during  the  war  of  the  rebellion,  the  war  with 
^gjg^'"''«c^^°°  Spain,  or  the  Philippine  insurrection,  and  were  honor- 
ably discharged  therefrom.    Applications  for  said  certifi- 
cates of  discharge  or  amended  orders  of  acceptance  oi 
resignation  may  be  made  by,  or  on  behalf  of,  persons 
Restriction,      entitled  to  them;  but  no  such  certificate  or  order  shal" 
be  issued  where  a  name  was  assumed  to  cover  a  crime  oi 
to  avoid  its  consequence." 
litie^cbaiiged.       That  the  title  of  said  act  be  amended  so  as  to  read  aj 
follows :  "An  act  for  the  relief  of  soldiers  and  sailors  wh( 
enlisted  or  served  under  assumed  names,  while  minor; 
or  otherwise,  in  the  army  or  navy,  during  the  war  oi 
the  rebellion,  the  war  with   Spain,  or  the  Philippine 
insurrection." 
cl?t£fsoSie?s     ^^  soldier  or  sailor  shall  be  taken  or  held  to  be  a  de 
K^ dSid °dl° serter  from  the  Army  or  Navy  who  faithfully  served  ac 
^Tct' 3u\y   19,  cording  to  his  enlistment  until  the  nineteenth  day  o 
1^7, 15  Stat.  L.,  ^ppii^  eighteen  hundred  and  sixty-five,  and  who,  with 
out  proper  authority  or  leave  first  obtained,  quit  his  com- 
mand or  refused  to  serve  after  that  date;  but  nothin 
herein  contained  shall  operate  as  a  remission  of  an 


I 


MISCELLANEOUS  STATUES,   AND  TABLES  OF  KATES.  139 


forfeiture  incurred  by  any  such  soldier  or  sailor  of  his 
pension;  but  this  section  shall  be  construed  solely  as  a 
removal  of  any  disability  such  soldier  or  sailor  may  have 
incurred  by  the  loss  of  his  citizenship  in  consequence  of 
his  desertion.^ 

That  the  charge  of  desertion  now  standing  on  the  rolls  ig^f 254^1  l.', 
and  records  of  the  Navy  or  Marine  Corps  against  any^es^^rtTon, 
appointed  or  enlisted  men  of  the  Navy  or  Marine  Corps  c^^r^.  °^  ^^"°® 
who  served  in  the  late  war  may,  in  the  discretion  of  the 
Secretary  of  the  Navy,  be  removed  in  all  cases  where  it 
shall  be  made  to  appear  to  the  satisfaction  of  the  Secre- 
tary of  the  Navy,  from  such  rolls  and  records  or  from 
other  satisfactory  evidence,  that  any  such  appointed  or 
enlisted  man  served  faithfully  until  the  expiration  of  ^°^<*°°s- 
his  term  of  enlistment,  or  until  the  first  day  of  May  Anno 
Domini  eighteen  hundred  and  sixty-five,  having  previ- 
ously served  six  months  or  more,  or  was  prevented  from 
completing  his  term  of  service  by  reason  of  wounds  re- 
ceived or  disease  contracted  in  the  line  of  duty,  but  who, 
by  reason  of  absence  from  his  command  at  the  time  he 
became  entitled  to  his  discharge,  failed  to  be  mustered 
out  and  to  receive  a  discharge  from  the  service:  Pro- 
vided, That  no  such  appointed  or  enlisted  man  shall  be 
relieved  under  this  section  who,  not  being  sick  or 
wounded,  left  his  command,  without  proper  authority, 
while  the. same  was  in  presence  of  the  enemy. 

That  the  Secretary  of  the  Navy  is  hereby  authorized  ^^%^if,  how 
to  remove  the  charge  of  desertion  standing  on  the  rolls  *°  ^ '^°^°^®^* 
or  records  of  the  Navy  or  Marine  Corps  against  any 
appointed  of  enlisted  man  of  the  Navy  or  Marine  Corps 
who  served  in  the  late  war,  in  all  cases  where  it  shall 
be  made  to  appear,  to  the  satisfaction  of  the  Secretary 
of  the  Navy,  from  such  rolls  or  from  other  satisfactory 
evidence,  that  such  appointed  or  enlisted  man  charged 
with  desertion  or  with  absence  without  leave,  after  such 
charge  of  desertion  or  absence  without  leave,  and  with- 
in a  reasonable  time  thereafter,  voluntarily  returned  to 
and  served  in  the  line  of  his  duty  until  he  was  mustered 
out  of  the  service,  and  received  a  certificate  of  discharge 
therefrom,  or,  while  so  absent,  and  before  the  expiration 
of  his  term  of  enlistment,  died  from  wounds,  injury,  or 
disease  received  or  contracted  in  the  service  and  in  the 
line  of  duty. 


1  See  Sec.  2,  joint  resolution,  July  1,  1902,  and  joint  resolution,  June  28, 
1906>   p.   146. 


140  ARMY  AND   NAVY  PENSIONS. 

Enus^fment  That  the  charge  of  desertion  now  standing  on  the  roll 
^rge°from^pre- ^^  records  of  the  Navy  or  Marine  Corps  against  an; 
vious  service.  appointed  or  enlisted  man  of  the  Navy  or  Marine  Corp 
who  served  in  the  lat€  war,  by  reason  of  his  having  en 
listed  at  any  station  or  on  board  of  any  vessel  of  th 
Navy  without  having  first  received  a  discharge  fron 
the  station  or  vessel  in  which  he  had  previously  served 
shall  be  removed  in  all  cases  wherein  it  shall  be  mad 
to  appear  to  the  satisfaction  of  the  Secretary  of  th 
Navy  from  such  rolls  and  records,  or  from  other  satis 
factory  testimony,  that  such  reenlistment  was  not  mad 
for  the  purpose  of  securing  bounty  or  other  gratuity  tha 
he  would  not  have  been  entitled  to  had  he  remained  unde: 
his  orginal  term  of  enlistment:  Provided^  That  no  ap 
pointed  or  enlisted  man  shall  be  relieved  under  this  ac 
who,  not  being  sick  or  wounded,  left  his  command  with 
out  proper  authority  while  the  same  was  in  presence  o 
the  enemy,  or  who,  at  the  time  of  leaving  his  command 
was  in  arrest  or  under  charges,  or  in  whose  case  th 
period  of  absence  from  the  service  exceeded  three  monthf 
certi^ite  of  That  in  all  cases  where  the  charge  of  desertion  shal 
discharge.  j^^  removed  under  the  provisions  of  this  act  from  th 

record  of  any  appointed  or  enlisted  man  of  the  Navy  o 
Marine  Corps  who  has  not  received  a  certificate  of  dis 
charge  it  shall  be  the  duty  of  the  Secretary  of  the  Nav 
to  issue  to  such  appointed  or  enlisted  man,  or  in  case  c 
his  death,  to  his  heirs  or  legal  representatives,  a  certificai 
of  discharge. 
Sec.  5,  id.  That  when  the  charge  of  desertion  shall  be  remove 

Pay  and  boun-  => 

ty;thoseentitied.  under  the  provisions  of  this  act  from  the  record  of  an 
appointed  or  enlisted  man  of  the  Navy  or  Marine  Corp 
such  man,  or,  in  case  of  his  death,  the  heirs  or  legal  repr- 
sentatives  of  such  man,  shall  receive  all  pay  and  bouni 
which  may  have  been  withheld  on  account  of  such  char^ 
of  desertion  or  absence  without  leave :  Provided^  homeve 
That  this  act  shall  not  be  so  construed  as  to  give  to  ar  \ 
such  man  as  may  be  entitled  to  relief  under  the  provisioi  i 
of  this  act,  or,  in  case  of  his  death,  to  the  heirs  or  leg 
representatives  of  any  such  man,  the  right  to  receive  pj  ; 
and  bounty  for  any  period  of  time  during  which  su<  1 
man  was  absent  from  his  command  without  leave 
Period  of  less  absence:  And  provided  further.  That  no  appointed  or  e 

than  six  months'    .  '^-,.  ,.  .  « 

service  not  enti-hsted  man,  uor  the  heirs  or  legal  representatives  or  a]  \ 
such  man,  who  served  in  the  Navy  or  Marine  Corps  i 
period  of  less  than  six  months  shall  be  entitled  to  t  ( 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   BATES.  141 

benefit  of  the  provisions  of  this  act:  And  provided  fur- 
ther^ That  all  applications  for  relief  under  this  act  shall 
be  made  to  and  filed  with  the  Secretary  of  the  Navy  Limitation, 
within  the  period  of  five  years  from  and  after  its  passage, 
and  all  applications  not  so  made  and  filed  within  the  said 
term  of  five  years  shall  be  forever  barred,  and  shall  not 
be  received  or  considered. 

That  all  acts  and  parts  of  acts  inconsistent  with  the    ^g^-^^- 
provisions  of  this  act  are  hereby  repealed. 

That  chapter  eight  hundred  and  ninety ,  volume  twenty- ^^Act^^  May^  24, 
five,  of  the  United  States  Statutes  at  Large,  entitled  i83,c.  550,  sec.  i!' 
"An  Act  to  relieve  certain  appointed  or  enlisted  men  of 
the  Navy  and  Marine  Corps  from  the  charge  of  deser-  ^^^^^^^  ^^" 
tion,"  approved  August  fourteenth,  eighteen  hundred  jg^ct  ^^^1^4^ 
and  eighty-eight,  be,  and  the  same  is  hereby,  revived  and  fkS'j^^ved.^''' 
reenacted. 

That  section  five  of  the  said  act  be,  and  is  hereby,  so    sec.2,id. 

-.     -.  1      T      -i    .•  1 1'  '-LI  •         1  •   1       Limitationasto 

amended  as  to  remove  the  limitation  01  time  withm  which  filing  claims  re- 
applications  for  relief  may  be  received  and  acted  upon 
under  the  provisions  of  said  act. 

That  the  charge  of  desertion  now  standing  on  the  rolls  jgsg'^as  ftet.  l!| 
and  records  in  the  office  of  the  Adjutant  General  of  the^^'ij^^Yg^'S'^'d^ 
United  States  Army  against  any  soldier  who  served  in  froS.°^reS?d  ^o1 
the  late  war  in  the  volunteer  service  shall  be  removed  in^jgj**^  ^°^"^' 
all  cases  where  it  shall  be  made  to  appear  to  the  satis- 
faction of  the  Secretary  of  War,  from  such  rolls  and 
records,  or  from  other  satisfactory  testimony,  that  such 
soldier  served  faithfully  until  the  expiration  of  his  term 
of  enlistment,  or  until  the  first  day  of  May,  anno  domini 
eighteen  hundred  and  sixty-five,  having  previously  served 
six  months  or  more,  and,  by  reason  of  absence  from  his 
command  at  the  time  the  same  was  mustered  out,  failed 
to  be  mustered  out  and  to  receive  an  honorable  discharge, 
or  that  such  soldier  absented  himself  from  his  command, 
or  from  hospital  while  suffering  from  wounds,  injuries, 
or  disease  received  or  contracted  in  the  line  of  duty  and 
was  prevented  from  completing  his  term  of  enlistment 
by  reason  of  such  wounds,  injuries,  or  disease. 

That  the  Secretary  of  War  is  hereby  authorized  to  re-    A^pp^fi^tions; 
move  the  charge  of  desertion  from  the  record  of  any  reg-  ^     * 
ular  or  volunteer  soldier  in  the  late  war  upon  proper 
application  therefor,  and  satisfactory  proof  in  the  fol- 
lowing cases: 

First.  That  such  soldier,  after  such  charge  of  desertion    Retumtoduty. 
was  made,  and  within  a  reasonable  time  thereafter,  vol- 


142  ARMY  AND   NAVY   PENSIONS. 

untarily  returned  to  his  command  and  served  faithful 
to  the  end  of  his  term  of  service,  or  until  discharged. 
8ict^''^urdS!     Second.  That  such  soldier  absented  himself  from  h 
command  or  from  hospital  while  suffering  from  wound 
injuries,  or  disease  received  or  contracted  in  the  line  ( 
duty,   and  upon  recovery  voluntarily  returned  to  h 
command  and  served  faithfully  thereafter,  or  died  fro 
such  wounds,  injuries,  or  disease  while  so  absent,  and  b 
fore  the  date  of  muster  out  of  his  command,  or  expiratic 
of  his  term  of  service,  or  was  prevented  from  so  returi 
ing  by  reason  of  such  wounds,  injuries,  or  diseases  befo 
such  muster  out  or  expiration  of  service. 
«harg"/by  ordir     Third.  That  such  soldier  was  a  minor,  and  was  enlist( 
of  court.  without  the  consent  of  his  parent  or  guardian,  and  w 

im^26St^till  released  or  discharged  from  such  service  by  the  order  < 
^^*  decree  of  any  court  of  competent  jurisdiction  on  habe 

corpus  or  other  proper  judicial  proceedings;  and  in  ai 
such  case  no  pay,  allowance,  bounty,  or  pension  shall  ^ 
allowed  or  granted. 
Removal  of     That  the  charge  of  desertion  now  standing  on  the  ro] 
&'fle^ted!°*'and  records  in  the  office  of  the  Adjutant  General  of  t- 
Army   against   any   regular   or   volunteer  soldier   wl 
served  in  the  late  war  of  the  rebellion  by  reason  of  1: 
having  enlisted  in  any  regiment,  troop,  or  company,  or 
the  United  States  Navy  or  Marine  Corps,  without  havii 
first  received  a  discharge  from  the  regiment,  troop, 
company  in  which  he  had  previously  served,  shall  be  i 
moved  in  all  cases  wherein  it  shall  be  made  to  appear 
the  satisfaction  of  the  Secretary  of  War,  from  such  ro 
and  records,  or  from  other  satisfactory  testimony,  th 
such  reenlistment  was  not  made  for  the  purpose  of  seci 
ing  bounty  or  other  gratuity  that  he  would  not  have  be 
entitled  to,  had  he  remained  under  his  original  term  of  c 
Limitation.      iJstment ;  that  the  absence  from  the  service  did  not  exce 
four  months;   and  that  such  soldier  served  faithfu" 
under  his  reenlistment. 
Re'tuJ-'n  to  duty     That  whenever  it  shall  appear  from  the  official  recoi 
without  trial,  etc  .j^  the  office  of  the  Adjutant   General,  United   Sta 
Army,  that  any  regular  or  volunteer  soldier  of  the  L 
war  was  formally  restored  to  duty  from  desertion  by  i 
Commander  competent  to  order  his  trial  for  the  offeii 
or,  having  deserted  and  being  charged  with  deserti( 
was,  on  return  to  the  service,  suffered,  without  such  f 
mal  restoration,  to  resume  his  place  in  the  ranks  of 
command,  serving  faithfully  thereafter  until  the  expi  i 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   EATES.  143 


re- 
prose- 


ition  of  his  term,  such  soldier  shall  not  be  deemed  to  rest 

iimder  any  disability  because  of  such  desertion  in  the  jj^J^^IJ'^^^^*'^ 

prosecution  of  any  claim  for  pension  on  account  of  dis-gj^g^f     pension 

fiase  contracted  or  wounds  or  injuries  received  in  the  line 

of  his  duty  as  a  soldier. 

That  when  the  charge  of  desertion  shall  be  removed    Pay'^'^'and 
under  the  provisions  of  this  act  from  the  record  of  any  ^o"^*^* 
soldier,  such  soldier,  or,  in  case  of  his  death,  the  heirs 
or  legal  representatives  of  such  soldier,  shall  receive  the 
pay  and  bounty  due  to  such  soldier:  Provided^  ^<^'^^^'^^'5 whfie^ab^sVnt 
That  this  act  shall  not  be  so  construed  as  to  give  to  any  ^^^o^*  ^^^^e- 
such  soldier,  or,  in  case  of  his  death,  to  the  heirs  or  legal 
representatives  of  any  such  soldier,  any  pay,  bounty,  or 
allowance  for  any  time  during  which  such  soldier  was 
absent  from  his  command  without  proper  authority ;  nor 
shall  it  be  so  construed  as  to  give  any  pay,  bounty,  or 
allowance  to  any  soldier,  his  heirs  or  legal  representa- 
tives, who  served  in  the  Army  a  period  of  less  than  six 
months. 

That  the  Secretary  of  War  be,  and  he  hereby  is,  author-  Medc^*  war 
ized  and  directed  to  amend  the  military  record  of  any  Jfonl®'^'^  appUca- 
soldier  who  enlisted  for  the  war  with  Mexico,  upon 
proper  application,  where  the  rolls  and  records  of  the 
Adjutant  General's  office  show  the  charge  of  desertion 
against  him,  when  such  rolls  and  records  show  the  facts 
set  out  in  the  following  cases : 

First :  That  said  soldier  served  faithfully  the  full  term^J^ngth  of  serv- 
of  his  •enlistment,  or  having  served  faithfully  for  six 
months  or  more,  and  until  the  fourth  day  of  July  anno 
domini  eighteen  hundred  and  forty-eight,  left  his  com- 
mand without  having  received  a  discharge. 

Second.  That  such  soldier,  after  said  charge  of  de- ^^JJ'*^*ary   re- 
sertion  was  entered  on  the  rolls,  voluntarily  returned  to 
his  command  within  a  reasonable  time  and  served  faith- 
fully until  discharged. 

That  the  provisions  of  this  act  shall  not  be  so  con-  caselexoepted. 
strued  as  to  relieve  any  soldier  from  the  charge  of  de- 
sertion who  left  his  command  from  disaffection  or  dis- 
loyalty to  the  Government,  or  to  evade  the  dangers  and 
hardships  of  the  service,  or  whilst  in  the  presence  of  the 
enemy  (not  being  sick  or  wounded),  or  while  in  arrest  or 
under  charges  for  breach  of  military  duty,  or  in  case  of  a 
soldier  of  the  Mexican  War,  who  did  not  actually  reach 
the  seat  of  war. 

7r>S]4°— 18 11 


144  ARMY   AND    NAVY  PENSIONS. 

Mmtiry^record     That  wlieii  such  charge  of  desertion  is  removed  undc 

ho"o^r^abfe  X^-*^^^  provisions  of  this  act,  the  soldier  shall  be  restored  t 

charge  issued,      j^  status  of  honorable  service,  his  military  record  shall  t 

corrected  as  the  facts  may  require,  and  an  honorable  dij 

charge  shall  be  issued  in  those  cases  where  the  soldier  hg 

received  none;  and  he  shall  be  restored  to  all  liis  righi 

Pensions.        as  to  pension,  pay,  or  allowances  as  if  the  charge  of  dese: 

tion  had  never  been  made;  and  in  case  of  the  death  ( 

said  soldier,  his  widow  or  other  legal  heir  shall  be  ei 

titled  to  the  same  rights  as  in  case  of  other  deceased  hoi 

^No  pay  while  orably  discharged  soldiers :  Provided^  That  this  act  sha 

not  be  construed  to  give  to  any  soldier,  or  his  legal  repr 

sentatives  or  heir,  any  pay  or  allowance  for  any  peric 

of  time  he  was  absent  without  leave,  and  not  in  the  pe 

formance  of  military  duty. 

ilmiVtton  for     That  all  applications  for  relief  under  this  act  shall  1 

fiung  application,  n^ade  to  and  filed  with  the  Secretary  of  War  within  tl 

i89^27*stat.^L^'  pcriod  of  thrcc  years  from  and  after  July  first,  eighte( 

i895,T8^s^tfL^^ hundred   and  eighty-nine,   and   all   applications  not 

*^^'  made  and  filed  within  said  term  of  three  years  shall  1 

"   forever  barred,  and  shall  not  be  received  or  considered. 

Rep^i.*^'  That  all  acts  and  parts  of  acts  inconsistent  with  t] 

provisions  of  this  act  are  hereby  repealed. 

i89\?^26  ^tet.  'L.',     That  subdivision  three  of  section  two  of  the  above  e 
824,0.498.  titled  act  be,  and  the  same  is,  amended  so  as  to  read 

follows : 

chS-gSi^by  ordir     "  Third.  That  such  soldier  was  a  minor,  and  was  e 

o^ivT  bSfnty'  ot  listed  without  the  consent  of  his  parent  or  guardian,  ai 

^*^'  was  released  or  discharged  from  such  service  by  the  ord 

or  decree  of  any  State  or  United  States  court  on  habe 

corpus  or  other  judicial  proceedings,  and  in  such  case  su 

soldier  shall  not  be  entitled  to  any  bounty  or  allowau' 

or  pay  for  any  time  such  soldier  was  not  in  the  perforj 

ance  of  military  duty." 

i8^%7*stat.  l!,'     That  section  nine  of  the  act  for  the  relief  of  certs 

^^i)i?tfon.        volunteer  and  regular  soldiers  of  the  late  war  and  t 

9/ac?Maf.^fi889!^^'^^  ^^'ith  Mexico,  passed  March  second,  anno  Domi 

eighteen  hundred  and  eighty-nine,  be,  and  the  same 

Limitation   as  hereby,  SO  amended  as  to  extend  the  time  for  the  limi 

to  fllmg  applica-  *^^  ,  #.       •  i  •         i.         t  •     t      i» 

tion  for  removaL  tion  of  the  Operation  of  said  section  for  the  period  of  t  ' 
years  from  the  first  of  July,  eighteen  hundred  and  nil 
two. 

i895''*28  St.  -l!     That  section  nine  of  the  act  for  the  relief  of  certf 

*^i)5ertion        volunteer  and  regular  soldiers  of  the  late  war  and  i 

war  with  Mexico,  apj)roved  March  second,  eighteen  hi 


1 


IP  MISCELLANEOUS   STATUES,   AND   TABLES   OF   BATES.  145 

dred  and  eighty-nine,  be,  and  the  same  is  hereby,  so 
amended  as  to  remove  the  limitation  of  time  within  which  fii,yjS^°  ^ 
applications  for  relief  may  be  received  and  acted  upon^°^®^- 
under  the  provisions  of  said  act.^ 

That  in  time  of  war  the  pay  proper  of  enlisted  men  ig^f soitlt.  i!; 
shall  be  increased  twenty  per  centum  over  and  above  the  ^^^rt/oif  °'  tn 
rates  of  pay  as  fixed  by  law :  Provided^  That  in  war  time  feSte  peUoS  ^°'^' 
no  additional  increased  compensation  shall  be  allowed  to 
soldiers  performing  what  is  known  as  extra  or  special 
duty:  Provided  further^  That  any  soldier  who  deserts 
shall,  besides  incurring  the  penalties  now  attaching  to 
the  crime  of  desertion,  forfeit  all  right  to  pension  which 
he  might  otherwise  have  acquired. 

That  section  six  of  the  act  entitled  "An  act  for  the^g^^ct^Ma^^  n, 
better  organization  of  the  line  of  the  Army  of  the  United  iio,c.i63,part. 
States,"  approved  April  twenty-sixth^  eighteen  hundred 
and  ninety-eight,  be  amended  so  as  to  read  as  follows : 

"  Sec.  6.  That  any  soldier  who  deserts  shall,  besides  ^^^^^^  ^^'^  ^^ 
incurring  the  penalties  now  attaching  to  the  crime  of 
desertion,  forfeit  all  right  to  pension  which  he  might 
otherwise  haA^e  acquired." 

That  nothing  herein  contained  shall  be  construed  so  as  etf^f reduSS 
to  reduce  the  pay  or  allowances  now  authorized  by  law 
for  any  officer  or  enlisted  man  of  the  Army ;  and  all  laws 
or  parts  of  laws  inconsistent  with  the  provisions  of  this    Repeal- 
act  are  hereby  repealed. 

That  in  all  laws  approved  during  the  Sixty-first  Con-  Feb.  27,  1911, 36 
gress  having  for  their  object  the  removal  of  disabilities  public  resolution 
accruing  from  defective  records  in  the  military  or  naval 
service  of  the  United  States,  the  words  '"''Provided^  That,  tain°iaw?reiattog 
other  than  as  above  set  forth,  no  bounty,  pay,  pension,  record  of  certain 

^,  1  i.     1,    n  •        X  I.  I  soldiers  and  sail- 

or other  emolument  shall  accrue  prior  to  or  by  reason  otors. 

the  passage  of  this  Act "  shall  not  prohibit  or  prevent  the 
granting  of  a  pension  on  an  application  made  after  the 
approval  of  this  Act,  and  accruing  only  from  the  date  of 
said  application. 

The  period  of  service  of  all  persons  entitled  to  the  rfati^^ whe^n 
benefits  of  the  pension-laws,  or  on  account  of  whose  ^^s?  ^®^™^' 
death  any  person  may  become  entitled  to  a  pension,  shall  187^17^'st^rL^' 
be  construed  to  extend  to  the  time  of  disbanding  the  or-S,^4  sta^fl^l 
ganization  to  which  such  persons  belonged,  or  until  their  ^^* 

1  Prior  laws  as  to  removal  of  the  charge  of  desertion  standing  against 
Volunteers  and  Regulars  serving  during  the  Civil  War  were  enacted  Aug. 
7,  1882,  22  Stat.  L.,  347  ;  July  5,  1884,  23  Stat.  L.,  119  ;  and  May  17,  1886, 
24  Stat.  L.,  .^»1,  and  reenacted  in  act  Mar.  2,  1889. 


146  ARMY   AND   NAVY   PENSIONS. 

actual  discharge  for  other  cause  than  the  expiration  of  th< 

service  of  such  organization. 

^^jointresojution     rpj^^^  ^^  ^j^^  administration  of  the  pension  laws  anj 

fi?5^oiJtioi?"^;  enlisted  man  of  the  Army,  including  regulars,  volun 

^^'  ^-  teers,  and  militia,  or  any  appointed  or  enlisted  man  of  th( 

^j^J^g^^^'^lJI®  Navy  or  Marine  Corps,  who  was  honorably  dischargee 

ems,  provided-  from  the  last  contract  of  service  entered  into  by  him  dur 

ing  the  late  war  of  the  rebellion,  shall  be  held  and  consid 

ered  to  have  been  honorably  discharged  from  all  similai 

contracts  of  service  previously  entered  into  by  him  witl 

ijJ3?fasfSt^^  United  States  during  said  war:  Provided,  Thsit  sucl 

lh^°^'  ^^^''  ^  enlisted  or  appointed  man  served  not  less  than  six  month: 

under  said  last  enlistment  or  appointment,  that  his  entin 

service  under  said  last  enlistment  or  appointment  wai 

faithful,  and  that  he  did  not  receive  by  reason  of  said  las 

enlistment  or  appointment  any  bounty  or  gratuity  othe: 

than  from  the  United  States  in  excess  of  that  to  which  h< 

would  have  been  entitled  if  he  had  continued  to  serv 

faithfully  until  honorably  discharged  under  any  contrac 

of  service  previously  entered  into  by  him,  either  in  th 

Army,  Navy,  or  Marine  Corps,  during  the  war  of  th 

rebellion. 

Ji^i^28?l906?34     That  section  two  of  joint  resolution  approved  Jul 
Stat.  L.,  836,  No.  ^^g^^  nineteen  hundred  and  two,  be  amended  to  read  a 

^bisability,etc.,  fallows: 

Eflec?'o^f'  toai     "  ^EC.  2.  That  in  the  administration  of  the  pension  law 
cha?ge.^^^'^^^^'any  enlisted  man  or  commissioned  officer  of  the  Arm^ 
of^clSf^^^     ***  including  regulars,  volunteers,  and  militia,  or  any  ap 
aiinde^.'  ^'  ^^'  pointed  or  enlisted  man  or  commissioned  officer  of  th 
Navy  or  Marine  Corps,  who  was  honorably  discharge 
from  any  subsequent  contract  of  service  entered  into  b 
him  during  the  late  war  of  the  rebellion,  shall  be  hel 
and  considered  to  have  been  honorably  discharged  froi 
all  previous  contracts  of  service  as  commissioned  office 
or  enlisted  man ,  previously  entered  into  by  him  with  tl 
subsequent  en- United   States  during  said  war:  Provided,  That  sue 
listments,  etc.     enlisted  or  appointed  man  or  commissioned  officer  serve 
not  less  than  six  months  under  any  subsequent  enlis 
ment,  appointment,  or  commission ;  that  his  entire  servi( 
under  any  said  subsequent  enlistment,  appointment,  ( 
commission  was  faithful,  and  that  he  did  not  receive  1: 
reason  of  said  enlistment,  appointment,  or  commissic 
any  bounty  or  gratuity  other  than  from  the  United  Stat- 
in excess  of  that  to  which  he  would  have  been  entith 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   RATES.  147 

if  he  had  continued  to  serve  faithfully  until  honorably 
discharged  under  any  contract  of  service  previously 
entered  into  by  him,  either  in  the  Army,  Navy,  or  Marine 
Corps,  during  the  war  of  the  rebellion. 

That  all  officers  and  enlisted  men  of  the  Volunteer  jg^f  soitat.  i!' 
Army,  and  of  the  militia  of  the  States  when  in  the  service  ^^statif ofTmn- 
of  the  United  States,  shall  be  in  all  respects  on  the  same  Jg^^^'^'"  ^'«'""- 
footing  as  to  pay,  allowances,  and  pensions  as  that  of 
officers  and  enlisted  men  of  corresponding  grades  in  the 
Kegular  Army. 

*     *     *     No  master,  mate,  pilot,  or  engineer  of  steam  jg^f 29  ^tJt.  i?; 
vessels  licensed  under  title  fifty-two  of  the  Eevised  Stat- ^^ru' ^^'' '""• "' 
utes  shall  be  liable  to  draft  in  time  of  War,  except  for  riMTe^r^i*"™^" 
the  performance  of  duties  such  as  required  by  his  license ;  o/SS  ^eSSl 
and,  while  performing  such  duties  in  the  service  of  the  Jime^of  war?^^  ^° 
United  States,  every  such  master,  mate,  pilot,  or  engineer 
shall  be  entitled  to  the  highest  rate  of  wages  paid  in  the 
merchant  marine  of  the  United  States  for  similar  serv- 
ices ;  and  if  killed  or  wounded  while  performing  such  w^®ndl?°^^   ^°' 
duties  under  the  United  States,  they,  or  their  heirs,  or 
their  legal  representatives  shall  be  entitled  to  all  the 
privileges  accorded  to  soldiers  and  sailors  serving  in  the 
Army  and  Navy,  under  the  pension  laws  of  the  United 
States. 

That  all  persons  who,  under  and  by  virtue  of  the  first  ig^f 20  ftet.  l.| 
section  of  the  act  entitled  "An  act  supplementary  to  the  ^^pensloners    in 
several  acts  relating  to  pensions,"  approved  March  third,  to^^j^^eni  ^o^ 
eighteen  hundred  and  sixty-five,  were  deprived  of  their  JioJed        ^^' 
pensions  during  any  portion  of  the  time  from  the  thirds^^^^is'^J; 
of  March,  eighteen  hundred  and  sixty-five,  to  the  sixth  j^^liieT'S,  14 
of  June,  eighteen  hundred  and  sixty-six,  by  reason  of  f7l4;R;s.^^'^°' 
their  being  in  the  civil  service  of  the  United  States,  shall 
be  paid  their  said  pensions,  withheld  by  virtue  of  said 
section  of  the  act  aforesaid,  for  and  during  the  said 
period  of  time  from  the  third  of  March,  eighteen  hun- 
dred and  sixty-five,  to  the  sixth  of  June,  eighteen  hun- 
dred and  sixty-six. 


148  ARMY  AND  NAVY  PENSIONS. 

Tables  of  Rates. 

Table  I. — For  simple  total  {a  disabUity  equivalent  to  the  anchylosis  of  a  ivrist) 
provided  by  section  4695,  Revised  Statutes,  United  States. 

army. 

Per  month. 

Lieutenant-colonel  and  all  officers  of  higher  rank $30.  00 

Major,  surgeon,  and  paymaster 25.  00 

Captain,  provost-marshal,  and  chaplain 20.  00 

First  lieutenant,  assistant  surgeon,  deputy  provost-marshal,  and  quarter- 
master   1 17. 00 

Second  lieutenant  and  enrolling  officer 15.  00 

All  enlisted  men 8.00 

NAVY  AND   MABINE   CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant-command- 
ing, and  master  commanding,  surgeon,  paymaster,  and  chief  engineer 
ranking  with  commander  by  law,  lieutenant-colonel,  and  all  of  higher 
rank  in  Marine  Corps 30.00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster,  and  chief 
engineer  ranking  with  lieutenant  by  law,  and  major  in  Marine  Corps.    25. 00 

Master  (now  lieutenant),  professor  of  mathematics,  assistant  surgeon, 
assistant  paymaster,  and  chaplain,  and  captain  in  Marine  Corps 20.  OC 

First  lieutenant  in  Marine  Corps 17.  OC 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant  in 
Marine  Corps 15.  OC 

Cadet  midshipmen,  passed  midshipmen,  midshipmen  (now  ensigns), 
clerks  of  admirals,  of  paymasters,  and  of  officers  commanding  vessels, 
second  and  third  assistant  engineers,  master's  mate,  and  warrant 
officers   10-  ^ 

All  enlisted  men,  except  warrant  officers 8. 0( 


MISCELLANEOUS  STATUES,  AND  TABLES  OF  KATES. 


149 


8 

8 

s 

8 

8 

Ill 

s 

8 
5S 

88       8            88    8 

8    88 

-US' 

III 

8 

i 

III 

s 

1 

8 

S 

1 

8 

s 

8       8            88    8 

88 

l|i 

s 

III 

8       8 

88       8    8 

l|S 

° 

u 

l§2 

•-> 

888       8 

8 

eS^ 

^|S 

• 

8 

i 

8 

lii 

888       8 

8 

8 
S5 

8 

^^^       ^88       8 

8    8^^    8    88       8    8^ 

8 

"    1 

ill 

8 
«* 

8       8 

12       15 

8    888    8    88     '8    8    8 
2    :2^S    S    ;2S       15    8    ^ 

Ill 

8 

888 

1 
1 

0 

i 

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1 

si 

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1 

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0 

a 

1 

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>  0 

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150  ARMY  AND   NAVY   PENSIONS. 

Table  III. — Rates  fixed  hp  the  Commissioner  of  Pensions  for  certain  disabilities 

not  specified  hy  law. 

Per  month. 

Anchylosis  of  shoulder $12.  00 

Anchylosis  of  elbow 10.00 

Anchylosis  of  knee 10.00 

Anchylosis  of  ankle 8.  OC 

Anchylosis  of  wrist 8.  OC 

Loss  of  sight  of  one  eye 12.  0( 

Loss  of  one  eye 17.  OC 

Nearly  total  deafness  of  one  ear 6.  OC 

Total  deafness  of  one  ear 10.  OC 

Slight  deafness  of  both  ears.' 6.  OC 

Severe  deafness  of  one  ear  and  slight  of  the  other 10.  OC 

Nearly  total  deafness  of  one  ear  and  slight  of  the  other 15.  OC 

Total  deafness  of  one  ear  and  slight  of  the  other 20.  OC 

Severe  deafness  of  both  ears 22. 0( 

Total  deafness  of  one  ear  and  severe  of  the  other 25.  CK 

Deafness  of  both  ears  existing  in  a  degree  nearly  total 27.  CK 

Loss  of  palm  of  hand  and  all  the  fingers,  the  thumb  remaining 17.  0( 

Loss  of  thumb,  index,  middle,  and  ring  fingers 17.  0( 

Loss  of  thumb,  index,  and  middle  fingers : 16. 0< 

Loss  of  thumb  and  index  finger 12.0 

Loss  of  thumb  and  little  finger 1 10.0 

Loss  of  thumb,  index,  and  little  fingers 16.  0 

Loss  of  thumb 8.0 

Loss  of  thumb  and  metacarpal  bone 12.0 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 16.  0 

Loss  of  index,  middle,  and  ring  fingers 16. 0 

Loss  of  middle,  ring,  and  little  fingers 14.0 

Loss  of  index  and  middle  fingers 8.0 

Loss  of  little  and  middle  fingers 8. 0 

Loss  of  little  and  ring  fingers 6.0 

Loss  of  ring  and  middle  fingers 6.  0 

Loss  of  index  and  middle  fingers 6.0 

Loss  of  index  finger 4.0 

Loss  of  any  other  finger  without  complications 2.0 

Loss  of  all  the  toes  of  one  foot 10.0 

Loss  of  great,  second,  and  third  toes . 8. 0 

Loss  of  great  toe  and  metatarsal 8.  C 

Loss  of  great  and  second  toes 8.0 

Loss  of  great  toe 6.  C 

Loss  of  any  other  toe  and  metatarsal 6.  C 

Loss  of  any  other  toe 2.  C 

Chopart's  amputation  of  foot,  with  good  results 14.  C 

Pirogoff's  modification  of  Syme's 17.  C 

Small  varicocele. 2.  ( 

Well-marked  varicocele 4.  C 

Inguinal  hernia,  which  passes  through  the  external  ring 10.  C 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring 6.  C 

Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring-  14.  C 
Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring 

and  other  does  not 12.  ( 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external  ring-  8.  < 

Femoral  hernia 10.< 


MISCELLANEOUS  STATUES,  AND  TABLES  OF  RATES.     151 

Section  4699,  Revised  Statutes,  provides  that  the  rate  of  $18  per  month  may- 
be proportionately  divided  for  any  degree  of  disability  established  for  which 
section  4695  makes  no  provision. 

The  act  of  August  27,  1888,  provides  a  $30  rate  for  total  deafness  and  author- 
izes the  Secretary  of  the  Interior  to  grant  such  proportion  thereof  in  cases  of 
partial  deafness  as  he  may  deem  equitable.  Act  January  15,  1903,  increases 
rate  for  total  deafness  to  $40.     Rates  on  partial  degrees  not  affected. 

The  act  of  March  2, 1895,  provides  that  "  all  pensioners  now  on  the  rolls,  who 
are  pensioned  at  less  than  six  dollars  per  month,  for  any  degree  of  pensionable 
disability,  shall  have  their  pensions  increased  to  six  dollars  per  month ;  and  that, 
hereafter,  whenever  any  applicant  for  pension  would,  under  existing  rates,  be 
entitled  to  less  than  six  dollars  for  any  single  disability  or  several  combined  dis- 
abilities, such  pensioner  shall  be  rated  at  not  less  than  six  dollars  per  month : 
Provided,  also,  That  the  provisions  hereof  shall  not  be  held  to  cover  any  pen- 
sionable period  prior  to  the  passage  of  this  act,  nor  authorize  a  rerating  of  any 
claim  for  any  part  of  such  period,  nor  prevent  the  allowance  of  lower  rates 
than  six  dollars  per  month,  according  to  the  existing  practice  in  the  Pension 
Office  in  pending  cases  covering  any  pensionable  period  prior  to  the  passage  of 
this  act." 

Table  IV. — Miscellaneous  rates. 

INVALID. 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908 $8.  00 

Mexican  War : 

Act  Jan.  27,  1887 8.00 

Acts  Jan.  5,  1893,  and  Apr.  23,  1900,  certain  survivors 12.00 

Act  Mar.  3,  1903,  all  survivors 12.  00 

Act  Feb.  6,  1907— 

At  62  years 12. 00 

At  70  years 15.  00 

At  75  years  or  over 20. 00 

Civil  War: 

Act  June  27,  1890,  in  its  original  form,  and  also  as  amended  by 

the  act  of  May  9,  1900 6.00-12.00 

Act  Feb.  6,  1907— 

At  62  years 12. 00 

At  70  years 15.  00 

At  75  years  or  over 20.00 

Army  nurses: 

Act  Aug.  5,  1892 12. 00 

Navy  service  pensions: 

Sec.  4756,  R.  S.,  for  20  years'  service,  one-half  the  pay  of  rating 

at  discharge. 
Sec.  4757,  R.  S.,  for  10  years'  service,  not  to  exceed  the  rate  for 
total  disability. 

WIDOWS   AND   MINOBS. 

Revolutionary  War: 

Act  Mar.  9,  1878,  widows  only $8.00 

Act  Mar.  19,  1886,  widows  only 12.00 

War  of  1812 : 

Act  Mar.  9,  1878,  widows  only 8.  00 

Act  Mar.  19,  1886,  widows  only 12.00 


152  ARMY  AND   NAVY  PENSIONS. 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908,  widows 

only $8.00 

Act  April  19,  1908,  Sec.  1,  widows  only 12.00 

Mexican  War: 

Act  Jan.  29,  1887,  widows  only 8.  00 

Act  Apr.  19,  1908,  sec.  1,  widows  only 12.  00 

Civil  War : 

Sec.  4702,  K.  S.,  widows  and  minors,  same  rates  as  in  Table  1. 

Act  Mar.  19,  1886,  widows  and  minors 12. 00 

Act  June  27,  1890,  in  its  original  form,  and  as  amended  by  the 
act  of  May  9,  1900 8. 00 

Act  Apr.  19,  1908 12.  00 

From  and  after  July  25,  1866,  a  widow  is  entitled,  under  the  provisions  ol 
section  4703,  Revised  Statutes,  to  the  sum  of  $2  per  month  additional  or 
account  of  each  legitimate  minor  child  of  the  deceased  soldier  or  sailor,  in  her 
care  and  custody,  until  such  child  reaches  the  age  of  16  years.  Where  th( 
widow  has  died,  remarried,  or  has  no  title,  the  minor  children  under  16  yean 
of  age  succeed  to  the  widow's  rights. 

In  claims  under  the  act  of  June  27,  1890,  both  in  its  original  and  amendec 
forms,  the  additional  pension  of  $2  per  month  is  granted.  In  addition  provisioi 
is  made  in  said  act  for  the  continuanoe  of  pension  granted  to  an  insane 
idiotic,  or  otherwise  physically  or  mentally  helpless  minor  child,  during  its  lif 
or  during  the  period  of  disability.  This  proviso  is  applicable  to  minors'  claim 
under  any  statute. 

DEPENDENT   RELATIVES. 

Sec.  4707,  R.   S.,  in  its  original  form,  and  as  amended  by  section  1, 

Act  Jime  27,  1890,  same  rates  as  in  Table  1. 
Act  Mar.  19,  1886 $12.0 


.    Chapter  X. 
CRIMINAL  LAW  AND  PROCEDURE. 


3bc.  24,  Judicial  Code.  District  courts ; 
jurisdiction. 

Sec.  42,  Judicial  Code.  OfiEenses  begun  in 
one  district  and  completed  in  another. 

35c.  43,  Judicial  Code.  Suits  for  recovery. 

Sec.  164,  Judicial  Code.  Court  of  Claims 
entitled  to  information,  etc.,  from  execu- 
tive  departments,   etc. 

5ec.  300,  Judicial  Code.  Prosecution  for 
prior  offenses. 

3ec.  301,  Judicial  Code.  Judicial  code  in 
effect  January  1,  1912. 

iCT  Feb.  8,  1899.  Suits  against  Govern- 
ment officers  not  to  abate  on  retirement. 

iCT  June  9,  1910.  Bonds  not  required  of 
the  United  States,  etc.,  in  the  courts  of 
the  District  of  Columbia. 

ICT  May  7,  1910.  Repealing  section  860, 
Revised  Statutes. 

5ec.  4851,  R.  S.  Government  Hospital  for 
the  Insane ;  admission  to,  of  persons 
charged   with   crime. 

3ec.  4855,  R.  S.  Delivery  of  insane  crim- 
inals, or  those  charged  with  crime,  on 
restoration   to  sanity ;   procedure. 

i.CT  Aug.  7,  1882.  Government  Hospital 
for  the  Insane ;  one  becoming  insane 
while  in  custody  of  United  States  officer 
to  be  admitted. 

5ec.  35,  Criminal  Code.  False  claims 
against  the  United  States. 

3ec.  3490,  R.  S.  Liability  of  persons  mak- 
ing false  claims. 

3ec.  3491,  R.  S.  Suits  for  same. 

3bc.  3492,  R.  S.  Duty  of  district  attorney 
in  such  cases. 

5ec.  3493,  R.  S.  Rights  of  persons  pre- 
senting such  suits. 

3ec.  3494,  R.  S.  Limitation  of  suit. 

^CT  July  7,  1898,  amending  sec.  4746, 
R.  S.  Making  or  presenting  false  or 
fraudulent  affidavit,  etc.,  in  pension 
claims,  etc. ;  post-dating  vouchers. 

3bc.  31,  Criminal  Code.  Officer  making 
false  acknowledgment. 

3ec.  70,  Criminal  Code.  False  certifica- 
tion by  consular  officer. 

3ec.  106,  Criminal  Code.  False  certifica- 
tion by  public  officer. 

\.CT  Mar.  4,  1911.  False  accounts  and  re- 
ports by  persons  holding  office  or  employ- 
ment under  the  Government  of  the 
United  States. 


Sec.  28,  Criminal  Code.  Forging  bond, 
bid,  public  records,  affidavit,  etc. 

Sec.  29,  Criminal  Code.  Forging  deed, 
power  of  attorney,  etc. 

Sec.  30,  Criminal  Code.  Having  false, 
altered,  forged,  etc.,  papers  in  posses- 
sion. 

Sec.  148,  Criminal  Code.  Forging,  etc., 
obligations  or  securities  of  the  United 
States. 

Sec.  151,  Criminal  Code.  Passing,  etc., 
forged  obligations,  etc.,  of  the  United 
States. 

Sec.  154,  Criminal  Code.  Buying,  selling, 
exchanging,   etc.,   forged  obligations,  etc. 

Sec.  172,  Criminal  Code.  Counterfeit  obli- 
gations, etc.,  to  be  forfeited. 

Sec.  125,  Criminal  Code.  Perjury. 

Sec.  1750,  R.  S.  Perjury  before  consular 
officer. 

Act  Mar.  9,  1878,  Sec.  3.  False  oath 
deemed  perjury  In  war  of  1812  claims. 

Act  Jan,  29,  1887,  Sec.  3.  False  oath 
deemed  perjury  In  Mexican  War  claims. 

Act  July  27,  1892,  Sec.  3.  False  oath 
deemed  perjury  in  Indian  war  claims. 

Sec.  5396,  R.  S.  Form  of  Indictment  for 
perjury. 

Sec.  126,  Criminal  Code.  Subornation  of 
perjury. 

Sec.  5397,  R.  S.  Indictment  for  suborna- 
tion of  perjury. 

Sec.  39,  Criminal  Code.  Bribery  of  United 
States  officer. 

Sec.  109,  Criminal  Code.  Officer,  etc.,  of 
the  United  States  acting  as  agent  or  at- 
torney in  claims  against  them,  or  re- 
ceiving any  gratuity  or  share  of  or  in- 
terest in  any  such  claim. 

Sec.  110,  Criminal  Code.  Accepting,  etc., 
bribe  by  Member  of  Congress. 

Sec.  Ill,  Criminal  Code.  Offering  bribe, 
etc.,  to  Member  of  Congress. 

Sec.  112,  Criminal  Code.  Member  of  Con- 
gress taking  consideration  for  procuring 
contract,  office,  etc. 

Sec.  113,  Criminal  Code.  Member  of  Con- 
gress or  officer  of  the  United  States 
taking  compensation  in  matters  in  which 
the  Government  is  a  party. 

Sec.  128,  Criminal  Code.  Destroying,  etc., 
public  records. 

153 


154 


ARMY   AND   NAVY  PENSIONS. 


Sec.  117,  Criminal  Code.  United  States 
officer,  etc.,  accepting  bribe. 

Sec.  131,  Criminal  Code.  Bribery  of  a 
judge,  judicial  officer,  or  person  author- 
ized to  hear  or  determine  any  question, 
matter,  proceeding,  etc. 

Sec.  133,  Criminal  Code.  Juror,  etc., 
accepting  bribe. 

Sec.  134,  Criminal  Code.  Witness  accept- 
ing bribe. 

Sec.  21,  Criminal  Code.  Conspiracy  to 
prevent  person  from  accepting  or  hold- 
ing office,  or  from  performing  the  duties 
thereof. 

Sec.  1980,  R.  S.  Liability  for  such  con- 
spiracy. 

Sec.  1981,  R.  S.  Action  for  neglect  to  pre- 
vent conspiracy. 

Sec.  37,  Criminal  Code.  Conspiracy  to 
commit  an  offense  against,  or  to  defraud 
the  United   States. 

Act  May  21,  1872.  Retention  of  soldiers' 
or  sailors'  discharge  certificates  by  agents 
or    attorneys. 

Sec.  5485,  R.  S.  Illegal  fees. 

Sec.  4785,  R.  S.  Attorney  fees,  etc. 

Act   June   27,    1890,    Sec.    4.  Illegal   fees. 

Act  Apr.   19,   1908,  Sec.   3.  Illegal  fees. 

Act  Mar.  3,  1891.  Attorney  fee  in  increase 
and  special-act  claims,  and  penalty  for 
violation. 

Act  May  28,  1908.  Prohibiting  fee  in  spe- 
cial-act claims  and  penalty  for  violation. 

Act  Aug.  5,  1892,  Sec.  2.  Prohibiting  fee  in 
claims  of  Army  nurses. 

Sec.  108,  Criminal  Code.  Pension  agent, 
etc.,  taking  fee. 

Sec.  4745,  R.  S.,  as  amended  by  act  of 
Feb.  28,  1883.  Pledging  pension  certifi- 
cate. 

Act  Feb.  27,  1906,  Sec.  3.  Expenditures 
in  excess  of  appropriation,  and  accept- 
ing voluntary  service,  except,  etc. 

Sec.  32,  Criminal  Code.  Falsely  pretending 
to  be  an  officer  or  employee  of  the  United 
States. 

Sec.  33,  Criminal  Code.  False  persona- 
tion of  holder  of  public  stock,  pensioner, 
etc. 


Sec.  34,  Criminal  CoDa  False  demand  o 

fraudulent  power  of  attorney. 
Act  Feb.   10,   1891,  amending  Secs.  478? 

AND   5486,   R.    S.     Embezzlement   of  pei 

sion  money  by  guardian. 
Sec.    86,    Criminal    Code.  Embezzlement 

receipting    for    larger    amount    than    1 

actually  paid,  constitutes. 
Sec.  90,  Criminal  Code.  Failure  of  office 

or  agent  of  the  United  States  to  rende 

account  constitutes  embezzlement. 
Sec.   94,  Criminal  Code.  Prima  facie  ev 

dence  of  embezzlement. 
Sec.  95,  Criminal  Code.  Evidence  of  coi 

version. 
Sec.   40,    Criminal   Code.   Unlawfully  tal 

ing  or  using  papers  relating  to  claims. 
Sec.    46,   Criminal   Code.  Robbery   of  p^ 

sonal  property  of  the  United  States. 
Sec.  47,  Criminal  Code.  Embezzling,  stea 

ing,    etc.,    moneys,    records,    etc.,    of    tl 

United  States. 
Sec.    48,    Criminal    Code.  Receiving,    et< 

stolen  public  property. 
Sec.   129,   Criminal  Code.  Destroying  n 

ords  by  officer  in  charge. 
Sec.   85,  Criminal  Code.  Extortion  by  ( 

ficers,   etc.,   of  the  United   States. 
Sec.  145,  Criminal  Code.  Extortion  by  j 

former,  etc. 
Sec.    146,    Criminal    Code.    Misprision 

felony. 
Sec.  332,  Criminal  Code.  Who  are  prin 

pals. 
Sec.    333,    Criminal   Code.  Punishment 

accessories. 
Sec.    335,    Criminal    Code.  Felonies    a 

misdemeanors  distinguished. 
Sec.   342,   Criminal  Code.  Accrued   righ 

etc.,   not   affected   by   adoption   of   Cri 

inal  Code. 
Sec.   343,   Criminal  Code.  Prior  offens« 

how  prosecuted. 
Sec.   344,   Criminal  Code.  Acts  of  limi  ; 

tion  ;  how  affected  by  Criminal  Code. 
Sec.   345,   Criminal   Code.  Date  on   wh  : 

Criminal   Code  went  into   effect,   to  v 

January  1,  1910. 
Sec.  1044,  R.  S.  Statute  of  limitations. 
Sec.  1045,  R.  S.  Fleeing  from  justice. 


i9n^*36ftat  l'     ^^®  district  courts  shall  have  original  jurisdiction   i 

109l' C.  23irJudi- follows  •  i  I 

cial  Code,  sec.  24.  -L^AlOWb  .  ^  | 

.  i?i5trict  courts,     First.  Of  all  suits  of  a  civil  nature,  at  common  law  > 

jurisdiction  of.       ^  ^  ' 

in  equity,  brought  by  the  United  States,  or  by  any  ofii(  i 
thereof  authorized  by  law  to  sue,  or  between  citizens  ) 
the  same  State  claiming  lands  under  grants  from  diff<  v 
ent  States ;  or,  where  the  matter  in  controversy  excee^  s 
exclusive  of  interest  and  costs,  the  sum  or  value  of  thi  5( 
thousand  dollars,  and  (a)  arises  under  the  Constituti  'i 
or  laws  of  the  United  States,  or  treaties  made,  or  wlu  1 


CRIMINAL  LAW  AND  PROCEDURE.  155 

shall  be  made,  under  their  authority,  or  (b)  is  between 
citizens  of  different  States,  or  (c)  is  between  citizens  of 
a  State  and  foreign  States,  citizens,  or  subjects.  No  dis- 
trict court  shall  have  cognizance  of  any  suit  (except  upon 
foreign  bills  of  exchange)  to  recover  upon  any  promis- 
sory note  or  other  chose  in  action  in  favor  of  any 
assignee,  or  of  any  subsequent  holder  if  such  instrument 
be  payable  to  bearer  and  be  not  made  by  any  corpora- 
tion, unless  such  suit  might  have  been  prosecuted  in  such 
court  to  recover  upon  said  note  or  other  chose  in  action 
if  no  assignment  had  been  made:  Provided^  however^ 
That  the  foregoing  provision  as  to  the  sum  or  value  of 
the  matter  in  controversy  shall  not  be  construed  to  apply 
to  any  of  the  cases  mentioned  in  the  succeeding  para- 
graphs of  this  section. 

Second.  Of  all  crimes  and  offenses  cognizable  under 
the  authority  of  the  United  States. 

When  any  offense  aerainst  the  United  States  is  begun    ^d.,  sec.  42. 

,    .  .        r  .  Offenses  begun 

in   one  iudicial   district   and   completed   in   another,   it  "^^  one   district 

J  ^.         -.  ,,  '^  and  completed  in 

shall  be  deemed  to  have  been  committed  in  either,  and  another 
may  be  dealt  with,  inquired  of,  tried,  determined,  and 
punished  in  either  district,  in  the  same  manner  as  if  it 
bad  been  actually  and  wholly  committed  therein. 

All  pecuniary  penalties  and  forfeitures  may  be  sued    l^'tffoV^J^ov- 
for   and   recovered   either   in   the   district  where   they  ®™|^  ^32  ^  g 
accrue  or  in  the  district  where  the  offender  is  found. 

The  said  court  shall  have  power  to  call  upon  any  of  the   coiir^fCMms 
departments  for  any  information  or  papers  it  may  deem  J^^^'™*^iJ?^|t^^' 
accessary,  and  shall  have  the  use  of  all  recorded  and  *°?  ^f^^^s. 
printed  reports  made  by  the  committees  of  each  House  of 
Congress,  when  deemed  necessary  in  the  prosecution  of  its 
business.     But  the  head  of  any  department  may  refuse 
and  omit  to  comply  with  any  call  for  information  or 
papers  when,  in  his  opinion,  such  compliance  would  be  in- 
jurious to  the  public  interest. 

All  offenses  committed,  and  all  penalties,  forfeitures,    w.,  sec.  300. 

^'    ^  -A','         •  ^  .  ,         ,,.  /«  ,  J     Prosecution  for 

or  liabilities  incurred  prior  to  the  taking  effect  hereof,  pnor offenses,  etc. 
under  any  law  embraced  in,  amended,  or  repealed  by  this 
A.ct,  may  be  prosecuted  and  punished,  or  sued  for  and  re- 
covered, in  the  district  courts,  in  the  same  manner  and 
with  the  same  effect  as  if  this  Act  had  not  been  passed. 
This  Act  shall  take  effect  and  be  in  force  on  and  after    w.,^  301. 

-,-  .  In  effect  Jan.  1, 

January  hrst,  nineteen  hundred  and  twelve.  1912. 


156  AEMY  AND   NAVY  PENSIONS. 

soltef  l'^822^'      That  no  suit,  action,  or  other  proceeding  lawfully  com 

^^suits    against  ^®^^®^  ^^  ^^  against  the  head  of  any  Department  o 

SrriSrtTabSe-'^^^^®^^  ^^  Other  officer  of  the  United  States  in  his  officia 

ment^etc  ^®^"^^  capacity,  or  in  relation  to  the  discharge  of  his  officis 

duties,  shall  abate  by  reason  of  his  death,  or  the  expire 

tion  of  his  term  of  office,  or  his  retirement,  or  resignatioi 

or  removal  from  office,  but,  in  such  event,  the  Court,  o 

motion  or  supplemental  petition  filed,  at  any  time  withi 

twelve  months  thereafter,  showing  a  necessity  for  tl 

survival  thereof  to  obtain  a  settlement  of  the  questioi 

involved,  may  allow  the  same  to  be  maintained  by  ( 

against  his  successor  in  office,  and  the  Court  may  mat 

such  order  as  shall  be  equitable  for  the  payment  of  cost 

AotJune  9,1910,     That  the  Act  entitled  "An  Act  to  establish  a  code  ( 

36  btat.   L.,   4o4, 

coiumwi^*^code^^^  ^^^  ^^^  District  of  Columbia,"  approved  March  thir- 
amended,  31  Stat,  nineteen  hundred  and  one,  be,  and  the  same  is  hereb 
amended  by  adding  to  section  one  hundred  and  sevent; 
seven  thereof  the  following : 
quWof United     ''Provided,  That  neither  the  United  States  nor  t) 
of *CoiSmbii^"on -^^^^^^^^  ^^  Columbia,  nor  any  officer  of  either,  acting 
appeal,  etc.         j^jg  official  capacity,  shall  be  required  to  give  bond 
enter  into  undertaking  to  perfect  any  appeal  or  to  obta 
any  injunction  or  other  writ,  process,  or  order  in  or 
any  court  in  the  District  of  Columbia  for  which  a  boi 
.  or  undertaking  is  now  or  may  be  hereafter  required  ' 
law  or  rule  of  court." 
i9^°*36 ^tat  l'     That  section  eight  hundred  and  sixty  of  the  Eevis 
^^xtSted  ■  states  Statutes  of  the  United  States  be,  and  the  same  is  herel 

courts,  immunity  T-anfialfirl  i 
of  witnesses,  etc.  ^  *^P«^A^^- 
Sec.  860,  R.  S.,  repealed. 

Sec.  4851,  R.  s.     If  anv  person,  charged  with  crime,  be  found,  in  i 

Admission     of  ,   i     j>  i-ii-  i  t     ,      ^  • 

insane  persons  ac- court  beiore  which  he  IS  SO  charged,  to  be  an  insane  p  i 

Feb.  7,  i857i  c.  son,  such  court  shall  certify  the  same  to  the  Secretary  : 

I58;jiine23,i874,* the  Interior,  who  may  order  such  person  to  be  confirm 

261.   '    *    '    'in  the  Hospital  for  the  Insane,  and,  if  he  be  not  indige  i 

he  and  his  estate  shall  be  charged  with  expenses  of  . . 

support  in  the  hospital.  M  I 

Sec.  4855,  R.s.     When  any  person  confined  in  the  Hospital  for  the  .  I 

Delivery  of  m-  .  .  . 

sane  criminals  re- sane  charged  with  crime  and  subject  to  be  tried  theref  > 
Id.,  sec.  7.        or  convicted  of  crime  and  undergoing  sentence  theref  ^ 

1  Sec.  860.  No  pleading  of  a  party,  nor  any  discovery  or  evidence  o 
tained  from  a  party  or  witness  by  means  of  a  judicial  proceeding  in  b 
or  any  foreign  country,  shall  be  given  in  evidence,  or  in  any  manner  i 
against  Mm  or  his  property  or  estate,  in  any  court  of  the  United  State 
any  criminal  proceeding,  or  for  the  enforcement  of  any  penalty  or  fo  :*( 
ture :  Provided^  That  this  section  shall  not  exempt  any  party  or  wit  e 

frnm    nrnsppntinn    nnrl    nnnishmpnt   for   nprinrv   mmmittpfl   in    flisf»nverin 


CRIMINAL  LAW  AND  PROCEDURE.  157 

shall  be  restored  to  sanity,  the  superintendent  of  the  hos- 
pital shall  give  notice  thereof  to  the  judge  of  the  criminal 
court  and  deliver  him  to  the  court  in  obedience  to  the 
proper  precept. 

That  upon  the  application  of  the  Attorney-General  ig^f  22  stS'.  l!| 
the  Secretary  of  the  Interior  be,  and  he  is  hereby,  au-  ^^AdiuSlon^^of 
thorized  and   directed  to  transfer  to  the  Government  Jo^^l'ii^e^ 
Hospital  for  the  Insane  in  the  District  of  Columbia,  all 
persons  who,  having  been  charged  with  offenses  against 
the  United  States,  are  in  the  actual  custody  of  its  officers, 
and  all  persons  who  have  been  or  shall  be  convicted  of 
any  offense  in  a  court  of  the  United  States  and  are  im- 
prisoned in  any  State  prison  or  penitentiary  of  any 
State  or  Territory,  and  who  during  the  term  of  their 
imprisonment  have  or  shall  become  and  be  insane. 

Whoever  shall  make  or  cause  to  be  made,  or  present  or  19^^35  ^St.  l!', 
cause  to  be  presented,  for  payment  or  approval,  to  or  by  S'code?'s£"S' 
any  person  or  officer  in  the  civil,  military,  or  naval  serv- 
ice of  the  United  States,  any  claim  upon  or  against  the 
Government  of  the  United  States,  or  any  department  or 
officer  thereof,  knowing  such  claim  to  be  false,  fictitious,  ^*^*^^*^™- 
or  fraudulent;  or  whoever,  for  the  purpose  of  obtaining 
or  aiding  to  obtain  the  payment  or  approval  of  such 
claim,  shall  make  or  use,  or  cause  to  be  made  or  used, 
any  false  bill,  receipt,  voucher,  roll,  account,  claim,  cer- 
tificate, affidavit,  or  deposition,  knowing  the  same  to 
contain  any  fraudulent  or  fictitious  statement  or  entry ;  as^Ymraded "  by 
or  whoever  shall  enter  into  any  agreement,  combination,  35  stetfL.?'555?^ 
or  conspiracy  to  defraud  the  Government  of  the  United 
Slates,  or  any  department  or  officer  thereof,  by  obtaining 
or  aiding  to  obtain  the  payment  or  allowance  of  any 
false  or  fraudulent  claim;  or  whoever,  having  charge, 
possession,  custody,  or  control  of  any  money  or  other 
public  property  used  or  to  be  used  in  the  military  or 
naval  service,  with  intent  to  defraud  the  United  States 
or  willfully  to  conceal  such  money  or  other  property, 
shall  deliver  or  cause  to  be  delivered,  to  any  other  per- 
son having  authority  to  receive  the  same,  any  amount  of 
such  money  or  other  property  less  than  that  for  which 
he  received  a  certificate  or  took  a  receipt;  or  whoever, 
being  authorized  to  make  or  deliver  any  certificate, 
voucher,  receipt,  or  other  paper  certifying  the  receipt  of 
arms,  ammunition,  provisions,  clothing,  or  other  prop- 
erty so  used  or  to  be  used,  shall  make  or  deliver  the 
same  to  any  other  person  without  a  full  knowledge  of 


168  ARMY  AND  NAVY  PENSIONS. 

the  truth  of  the  facts  stated  therein  and  with  intent  t 

Penalty.         defraud  the  United  States,  shall  be  fined  not  more  thai 

five  thousand  dollars,  or  imprisoned  not  more  than  fiv 

chS^^of^pubUc  y^^rs,  or  both.     And  whoever  shall  knowingly  purchas 

property.  ^p  receive  in  pledge  for  any  obligation  or  indebtednes 

from  any  soldier,  olSicer,  sailor,  or  other  person  callei 

into  or  employed  in  the  military  or  naval  service,  an 

arms,  equipments,  ammunition,  clothes,  military  stores 

or  other  public  property,  whether  furnished  to  the  so] 

dier,  sailor,  officer,  or  person,  under  a  clothing  allowanc 

or  otherwise,  such  soldier,  sailor,  officer,  or  other  perso 

not  having  the  lawful  right  to  pledge  or  sell  the  sam 

Penalty.         shall  be  fined  not  more  than  five  hundred  dollars,  and  in 

prisoned  not  more  than  two  years. 
Sec.  3490,  R.  s.     Any  pers'on  not  in  the  military  or  naval  forces  of  tl 
persons   making  United  States,  or  in  the  militia  called  into  or  actual] 

falseclaims  '  .  t-t-       to 

agamst  United  employed  in  the  service  of  the  United  States,  who  slia 
Mar.  2,^863,  c.  (Jo  or  commit  any  of  the  acts  prohibited  by  any  of  tl 

698.  '  '  provisions  of  section  fifty-four  hundred  and  thirty-eigl 
Title,  "  Crimes,"  shall  forfeit  and  pay  to  the  Unite 
States  the  sum  of  two  thousand  dollars ;  and,  in  additio 
double  the  amount  of  damages  which  the  United  Stat 
may  have  sustained  by  reason  of  the  doing  or  comm: 
ting  such  act,  together  with  the  costs  of  suit;  and  su 
forfeiture  and  damages  shall  be  sued  for  in  the  sai 
suit. 
Sec.  3491,  R.  s.     The  scvcral  district  courts  of  the  United  States,  t 

Suits  for  same.  ~r>.'    ,    •    ,        p    r>i   ^         i-        ii 

Mar.  2, 1863,  0. supreme  court  of  the  District  oi  Columbia,  the  sever 

67  sec.  4  V.  12  p.  .         .  . 

698.    "  '  *    '  'district  courts  of  the  Territories  of  the  United  Stat 
within  whose  jurisdictional  limits  the  person  doing 
committing  such  act  shall  be  found,  shall,  wheresocA  ; 
such  act  may  have  been  done  or  committed,  have  f 
power  and  jurisdiction  to  hear,  try,  and  determine  su  ; 
suit.     Such  suit  may  be  brought  and  carried  on  by  a  i 
person,  as  w^ell  for  himself  as  for  the  United  States ;  i  i 
same  shall  be  at  the  sole  cost  and  charge  of  such  perse  r 
and  shall  be  in  the  name  of  the  United  States,  but  sh  l' 
not  be  withdrawn  or  discontinued  without  the  conse  i 
in  writing,  of  the  judge  of  the  court  and  the  disti  ( 
attorney,  first  filed  in  the  case,  setting  forth  their  reas<  i 
for  such  consent. 
Sec.  3492  R.s.     It  shall  be  the  duty  of  the  several  district  attorn  5 

Duty  of  distnct  -no,  n  i  •!••  n  t 

attorney   as   to  of  the  United  States  tor  the  respective  districts,  tor    b 

sucn.  c&sGs. 

Mar.  2, 1863,  c.  District  of  Columbia,  and  for  the  several  Territor  a 

67,  sec.  5,  V.  12,  p.         ,         ,.,.  .       .  .    .  .  •    i       •  c     i 

698.  to  be  diligent  m  inquiring  into  any  violation  oi  the  p  (. 


CRIMINAL  LAW   AND   PROCEDURE.  159 

visions  of  section  thirty-four  hundred  and  ninety  by 
persons  liable  to  such  suit,  and  found  within  their  re- 
spective districts  or  Territories,  and  to  cause  them  to  be 
proceeded  against  in  due  form  of  law  for  the  recovery  of 
such  forfeiture  and  damages.  And  such  person  may  be 
arrested  and  held  to  bail  in  such  sum  as  the  district 
judge  may  order,  not  exceeding  the  sum  of  two  thou- 
sand dollars,  and  twice  the  amount  of  the  damages  sworn 
to  in  the  affidavit  of  the  person  bringing  the  suit. 

The  person  brinfirins:  said  suit  and  prosecuting  it  to    sec.  3493,  r.  s. 
nnal  judgment  shall  be  entitled  to  receive  one-halt  the  sons    presenting 
amount  of  such  forfeiture,  as  well  as  one-half  the  amount    Mar.  2, 1863,  c. 
of  the  damages  he  shall  recover  and  collect ;  and  the  other  698. 
half  thereof  shall  belong  to  and  be  paid  over  to  the 
United   States;   and   such   person  shall  be  entitled  to 
receive  to  his  own  use  all  costs  the  court  may  award 
against  the  defendant,  to  be  allowed  and  taxed  according 
to  any  provision  of  law  or  rule  of  court  in  force,  or  that 
shall  be  in  force  in  suits  between  private  parties  in  said 
court:  Provided,  That  such  person  shall  be  liable  for 
all  costs  incurred  by  himself  in  the  case,  and  shall  have 
no  claim  therefor  on  the  United  States. 

Every  such  suit  shall  be  commenced  within  six  years    see.  3494,  r.  s. 

.      .  ''  Limitation     of 

from  the  commission  of  the  act,  and  not  afterward.  suit 

'  ^  Id.,  sec.  7. 

That  section  forty-seven  hundred  and  forty-six  of  the   Actjuiy7,i898, 
Revised  Statutes  of  the  United  States  is  hereby  amended 5?8^*^*-^'^^^'''' 

.  T  «    n  Sec .        4746 

to  read  as  lOllOWS  :  amended. 

"  That  every  person  who  knowingly  or  willfully  makes    ^®^*ff^fg°  JJ 
or  aids,  or  assists  in  the  making,  or  in  any  wise  procures  fraudulent  affida- 
the  making  or  presentation  of  any  false  or  fraudulent  sion  claims, 
affidavit,   declaration,  certificate,   voucher,  or  paper  or 
writing  purporting  to  be  such,  concerning  any  claim  for 
pension  or  payment  thereof,  or  pertaining  to  any  other 
matter  within  the  jurisdiction  of  the  Commissioner  of 
Pensions  or  of  the  Secretary  of  the  Interior,  or  who ^^po^^^J  bating 
knowingly  or  willfully  makes  or  causes  to  be  made,  or 
aids  or  assists  in  the  making,  or  presents  or  causes  to  be 
presented  at  any  pension  agency  any  power  of  attorney 
or  other  paper  required  as  a  voucher  in  drawing  a  pen- 
sion, which  paper  bears  a  date  subsequent  to  that  upon 
which  it  was  actually  signed  or  acknowledged  by  the 
pensioner,  and  every  person  before  whom  any  declara- 
tion, affidavit,  voucher,  or  other  paper  or  writing  to  be 
used  in  aid  of  the  prosecution  of  any  claim  for  pension 
or  bounty  land  or  payment  thereof  purports  to  have  been 

73814°— 13 12 


160  ARMY  AND   NAVY  PENSIONS. 

executed  who  shall  knowingly  certify  that  the  declarant 
affiant,  or  witness  named  in  such  declaration,  affidavit 
voucher,  or  other  paper  or  writing  personally  appearec 
before  him  and  was  sworn  thereto,  or  acknowledged  th( 
execution  thereof,  when,  in  fact,  such  declarant,  affiant 
or  witness  did  not  personally  appear  before  him  or  wa; 
not  sworn  thereto,  or  did  not  acknowledge  the  executioi 

Penalty  thereof,  shall  be  punished  by  a  fine  not  exceeding  fiv( 

hundred  dollars,  or  by  imprisonment  for  a  term  of  no 
more  than  five  years." 

Criminal  Code,     Whoever,  being   an   officer   authorized  to   administe: 

sec.  31.  '  ° 

Officer  making  oaths   or   to   take   and   certify    acknowledgments,   shal 

false  acknowledg-  -^  ^  ' 

ments,ete.  knowingly  make  any  false  acknowledgment,  certificate 
or  statement  concerning  the  appearance  before  him  o 
the  taking  of  an  oath  or  affirmation  by  any  person  witl 
respect  to  any  proposal,  contract,  bond,  undertaking,  o 
other  matter,  submitted  to,  made  with,  or  taken  on  behal 
of,  the  United  States,  and  concerning  which  an  oath  o 
affirmation  is  required  by  law  or  regulation  made  in  pur 
suance  of  law,  or  with  respect  to  the  financial  standing 
of  any  principal,  surety,  or  other  party  to  any  such  pro 
posal,  contract,  bond,  undertaking,  or  other  instrument 

Penalty.  shall  be  fined  not  more  than  two  thousand  dollars,  or  im 

prisoned  not  more  than  two  years,  or  both. 

Id.,  sec.  70.  Whoever,  being  a  consul,  or  vice  consul,  or  other  per 

False  certiflca-  i  i     •  i  i  •  \.      i         -rx    • 

tion  by  consular  SOU   employed   in   the   consular   service   oi   the    Unite* 

officer. 

sec.'5442,  R.  s.  States,  shall  knowingly  certify  falsely  to  any  invoic( 
or  other  paper,  to  which  his  certificate  is  by  law  author 

Penalty.  ized  or  required,  shall  be  fined  not  more  than  ten  thousan< 
dollars  and  imprisoned  not  more  than  three  years. 

Id.,  sec.  106.  "Whoever,  being  a  public  officer  or  other  person  an 
c^s  by  public  thorized  by  any  law  of  the  United  States  to  make  o 

officers,  etc.  .  •/»  •   •  i     n   i  •       ^ 

give  a  certificate  or  other  writing,  shall  knowingly  mak 

and  deliver  as  true  such  a  certificate  or  writing,  con 

taining  any  statement  which  he  knows  to  be  false,  in 

case  where  the  punishment  thereof  is  not  elsewhere  en 

Penalty.  pressly  provided  by  law,  shall  be  fined  not  more  tha 

five  hundred  dollars,  or  imprisoned  not  more  than  on 

year,  or  both. 

1911^*36  ste?'  L*'     That  whoever,  being  an  officer,  clerk,  agent,  or  othe 

^^Go^ve?nmentP®^^^^  holding  any  office  or  employment  under  the  Go\^ 

employees.         ernment  of  the  United  States  and,  being  charged  with  th 

duty  of  keeping  accounts  or  records  of  any  kind,  shah 

with  intent  to  deceive,  mislead,  injure,  or  defraud  th 


CRIMINAL  LAW  AND  PROCEDURE.  161 

United  States  or  any  person,  make  in  any  such  account  ^^^^^^^^^1^*^^^^ 
or  record  any  false  or  fictitious  entry  or  record  of  any  *^^®^  "^ '^^°'^^- 
matter  relating  to  or  connected  with  his  duties,  or  who- 
ever with  like  intent  shall  aid  or  abet  any  such  officer,    hiding,  etc. 
clerk,  agent,  or  other  person  in  so  doing;  or  whoever, 
being  an  officer,  clerk,  agent,  or  other  person  holding  any  mSS^^ise"? 
office  or  employment  under  the  Government  of  the  United  ^^' 
States  and,  being  charged  with  the  duty  of  receiving, 
holding,  or  paying  over  moneys  or  securities  to,  for,  or 
on  behalf  of  the  United  States,  or  of  receiving  or  holding 
in  trust  for  any  person  any  moneys  or  securities,  shall, 
with  like  intent,  make  a  false  report  of  such  moneys  or 
securities,  or  whoever  with  like  intent  shall  aid  or  abet    -A^^i^g'^tc- 
any  such  officer,  clerk,  agent,  or  other  person  in  so  doing, 
shall  be  fined  not  more  than  five  thousand  dollars,  or 
imprisoned  not  more  than  ten  years,  or  both. 

Whoever  shall  falsely  make,  alter,  forge,  or  counter- sec^li!^^^  *^®' 
feit,  or  cause  or  procure  to  be  falsely  made,  altered,  bid ^'^pSbUc^^ 
forged,  or  counterfeited,  or  willingly  aid,  or  assist  in  the  °^seS!''54i8  and 
false  making,  altering,  forging,  or  counterfeiting,  any^^^'^'®' 
bond,  bid,  proposal,  contract,  guarantee,  security,  official 
bond,  public  record,  affidavit,  or  other  writing  for  the 
purpose  of  defrauding  the  United  States;  or  shall  utter 
or  publish  as  true,  or  cause  to  be  uttered  or  published  as 
true,  or  have  in  his  possession  with  the  intent  to  utter 
or  publish  as  true,  any  such  false,  forged,  altered,  or 
counterfeited  bond,  bid,  proposal,  contract,  guarantee,  se- 
curity, official  bond,  public  record,  affidavit,   or  other 
writing,  for  the  purpose  of  defrauding  the  United  States, 
knowing  the  same  to  be  false,  forged,  altered,  or  coun- 
terfeited ;  or  shall  transmit  to,  or  present  at,  or  cause  or  eilj%^^^^ 
procure  to  be  transmitted  to,  or  presented  at,  the  office  p®^* 
of  any  officer  of  the  United  States,  any  such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  contract, 
guarantee,  security,  official  bond,  public  record,  affidavit, 
or  other  writing,  knowing  the  same  to  be  false,  forged, 
altered,  or  counterfeited,  for  the  purpose  of  defrauding 
the  United  States,  shall  be  fined  not  more  than  one  thou-    ^®°*^*3^- 
sand  dollars,  or  imprisonment  not  more  than  ten  years, 
or  both. 

'  Whoever  shall  falsely  make,  alter,  forge,  or  counter-  j^o'lS^^ds 
feit,  or  cause  or  procure  to  be  falsely  made,  altered,  ^y%l,  °^  ^"°'"" 
forged,  or  counterfeited,  or  willingly  aid  or  assist  in  the  ^^'  ^^i,  R-  s. 
false  making,  altering,  forging,  or  counterfeiting,  any 


162  ARMY   AND   NAVY   PENSIONS. 

deed,  power  of  attorney,  order,  certificate,  receipt,  con 
tract,  or  other  writing,  for  the  purpose  of  obtaining  o 
receiving,  or  of  enabling  any  other  person,  either  directl; 
or  indirectly,  to  obtain  or  receive  from  the  United  State.' 
or  any  of  their  officers  or  agents,  any  sum  of  money ;  o 
whoever  shall  utter  or  publish  as  true,  or  cause  to  b 
uttered  or  published  as  true,  any  such  false,  forgec 
altered,  or  counterfeited  deed,  power  of  attorney,  ordei 
certificate,  receipt,  contact,  or  other  writing,  with  inten 
to  defraud  the  United  States,  knowing  the  same  to  b 
^transmitting, ^^jg^^  altered,  forged,  or  counterfeited;  or  whoever  sha] 
transmit  to,  or  present  at,  or  cause  or  procure  to  b 
transmitted  to,  or  presented  at,  any  office  or  officer  o 
the  Government  of  the  United  States,  any  deed,  powe 
of  attorney,  order,  certificate,  receipt,  contract,  or  othe 
writing,  in  support  of,  or  in  relation  to,  any  account  o 
claim,  with  intent  to  defraud  the  United  States,  knowin 
the  same  to  be  false,  altered,  forged,  or  counterfeitec 

Penalty.  shall  be  fined  not  more  than  one  thousand  dollars  an 
imprisoned  not  more  than  ten  years. 

Ha^g'fJSepa-     Whoever,  knowingly  and  with  intent  to  defraud  th 
pSSessio^^'    "^United  States,  shall  have  in  his  possession  any  fals< 

Sec.  5422,  R.  s.  ^I^gj.gjj^  forged,  or  counterfeited  deed,  power  of  attoi 
ney,  order,  certificate,  receipt,  contract,  or  other  writing 
for  the  purpose  of  enabling  another  to  obtain  from  th 
United  States,  or  from  any  officer  or  agent  thereof,  an 

Penalty.  g^jj^  ^f  money,  shall  be  fined  not  more  than  five  hundre 
dollars,  or  imprisoned  not  more  than  five  yo^^rs,  or  botl 

FOTgta'g/^^etc.,     Whoever,  with  intent  to  defraud,  shall  falsely  mak 

^sw.^yifRf's.  ^^^S®?  counterfeit,  or  alter  any  obligation  or  other  s( 

curity  of  the  United  States  shall  be  fined  not  more  tha 

Penalty.  ^^^  thousand  dollars  and  imprisoned  not  more  tha 
fifteen  years. 

i?as^Agf etc.,     Wlioever,  with  intent  to  defraud,  shall  pass,  utter,  pul 
tionr^  °^^^^^'lish,  or  sell,  or  attempt  to  pass,  utter,  publish,  or  sell. 

Sec.  5431,  R.  s.  si^ail  bring  into  the  United  States  or  any  place  subject  i 
the  jurisdiction  thereof,  with  intent  to  pass,  publish,  utte 
or  sell,  or  shall  keep  in  possession  or  conceal  with  lil 
intent,  any  falsely  made,  forged,  counterfeited,  or  altere 

Penalty.  obligation  or  other  secuHty  of  the  United  States,  shall  1 
fined  not  more  than  five  thousand  dollars  and  imprisonc 
not  more  than  fifteen  years. 

^uyhig^etc       ^Tiocver  shall  buy,  sell,  exchange,  transfer,  receive,  ( 
'°s«?  SsT^r!  s.  deliver,  any  false,  forged,  counterfeited,  or  altered  oblig; 


( I 


CEIMINAL  LAW  AND  PROCEDURE.  163 

tion  or  other  security  of  the  United  States,  or  circulating 
note  of  any  banking  association  organized  or  acting  under 
the  laws  thereof,  which  has  been  or  may  hereafter  be 
issued  by  virtue  of  any  act  of  Congress,  with  the  intent 
that  the  same  be  passed,  published,  or  used  as  true  and 
genuine,  shall  be  fined  not  more  than  five  thousand  dol-  Penalty. 
lars,  or  imprisoned  not  more  than  ten  years,  or  both. 

All  counterfeits  of  any  obligation  or  other  security  of    counterfeit 'ob. 
the  United  States  or  of  any  foreign  government,  or  coun- bl foSed!^'  ^^ 
terfeits  of  any  of  the  coins  of  the  United  States  or  of  any  i8^^^26^1^t.  l!| 
foreign  government,  and  all  material  or  apparatus  fitted  ^^^'  ^^'  *' 
or  intended  to  be  used,  or  that  shall  have  been  used,  in 
the  making  of  any  of  such  counterfeit  obligation  or  other 
security  or  coins  hereinbefore  mentioned,  that  shall  be 
found  in  the  possession  of  any  person  without  authority 
from  the  Secretary  of  the  Treasury  or  other  proper  officer 
to  have  the  same,  shall  be  taken  possession  of  by  any  au- 
thorized  agent  of  the  Treasury   Department  and   for- 
feited to  the  United  States,  and  disposed  of  in  any  man- 
ner the  Secretary  of  the  Treasury  may  direct.     Whoever 
having  the  custody  or  control  of  any  such  counterfeits, 
material,  or  apparatus  shall  fail  or  refuse  to  surrender 
possession  thereof  upon  request  by  any  such  authorized 
agent  of  the  Treasury  Department,  shall  be  fined  not  morcfaifure  ^  deuver! 
than  one  hundred  dollars,  or  imprisoned  not  more  than 
one  year,  or  both. 

Whoever,  having  taken  an  oath  before  a  competent  tri-    ptrjSy/^^' 
bunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the    ^^'  ^^'  ^-  ^* 
United  States  authorizes  an  oath  to  be  administered,  that 
he  will  testify,  declare,  depose,  or  certify  truly,  or  that 
any  written  testimony,  declaration,  deposition,  or  cer- 
tificate by  him  subscribed,  is  true,  shall  wilfully  and  con- 
trary to  such  oath  state  or  subscribe  any  material  matter 
which  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
and  shall  be  fined  not  more  than  two  thousand  dollars    ^®°^ty- 
and  imprisoned  not  more  than  five  years. 

Every   secretary   of   legation   and   consular   officer  is    D^poSn^b?: 
hereby  authorized,  whenever  he  is  required  or  deems  it  ggtionS  coS-^ 
necessary  or  proper  so  to  do,  at  the  post,  port,  place,  or  ^''JfcV^Aug.  is, 
within  the  limits  of  his  legation,  consulate,  or  commercial  J^'  ^^  ®^*-  ^'* 
agency,  to  administer  to  or  take  from  any  person  an 
oath,  affirmation,  affidavit,  or  deposition,  and  to  perform 
any  notarial  act  which  any  notary  public  is  required  or 
authorized  by  law  to  do  within  the  United  States.    Every 


164  ARMY  AND   NAVY  PENSIONS. 


m 


such  oath,  affirmation,  affidavit,  deposition,  and  notarial 

act  administered,  sworn,  affirmed,  taken,  had,  or  donc" 

by  or  before  any  such  officer,  when  certified  under  hi 

hand  and  seal  of  office,  shall  be  as  valid,  and  of  like  fore . 

and  effect  within  the  United  States,  to  all  intents  an< 

purposes,  as  if  administered,  sworn,  affirmed,  taken,  hac 

or  done,  by  or  before  any  other  person  within  the  Unite 

pefjSy^m  such^^^^^^  ^^^J  authorized  and  competent  thereto.     If  an, 

cases.  person  shall  wilfully  and  corruptly  commit  perjury,  or  b , 

any  means  procure  any  person  to  commit  perjury  in  an, 

such  oath,  affirmation,  affidavit,  or  deposition,  within  th 

intent  and  meaning  of  any  act  of  Congress  now  or  here 

after  made,  such  offender  may  be  charged,  proceedc' 

against,  tried,  convicted,  and  dealt  with  in  any  district  o 

the  United  States,  in  the  same  manner,  in  all  respects,  a 

if  such  offense  had  been  committed  in  the  United  States 

before  any  officer  duly  authorized  therein  to  administer  o 

take  such  oath,  affirmation,  affidavit,  or  deposition,  an 

shall  be  subject  to  the  same  punishment  and  disabilit 

therefor  as  are  or  shall  be  prescribed  by  any  such  act  fo 

such  offense;  and  any  document  purporting  to  have  ai 

taM^^tiieoath°'^^®^'  impressed,  or  subscribed  thereto  or  thereon  the  sei 

and  signature  of  the  officer  administering  or  taking  th 

same  in  testimony  thereof,  shall  be  admitted  in  evidenc 

without  proof  of  any  such  seal  or  signature  being  genuin 

fo5??certificate  ^^  ^^  ^^®  official  character  of  such  person ;  and  if  any  pei 

of  oath.  gQn  shall  forge  any  such  seal  or  signature,  or  shall  tende 

in  evidence  any  such  document  with  a  false  or  counterfei 

seal  or  signature  thereto,  knowing  the  same  to  be  false  c 

counterfeit,  he  shall  be  deemed  and  taken  to  be  guilty  o 

a  misdemeanor,  and  on  conviction  shall  be  imprisoned  nc 

exceeding  three  years  nor  less  than  one  year,  and  fined  i 

a  sum  not  to  exceed  three  thousand  dollars,  and  may  b 

charged,  proceeded  against,  tried,  convicted,  and  deal 

with,  therefor,  in  the  district  where  he  may  be  arrested  c 

in  custody. 

18^^*20  ^tet  L^'     That  before  the  name  of  any  person  shall  be  place 

^Vlfse^oath^^P^^  ^^^^  pcnsiou-rolls  under  this  act,  proof  shall  b 

hfw  ff^i8i2"^^^®5  under  such  rules  and  regulations  as  the  Commif 

claims.  sioncr  of  Pensions,  with  the  approval  of  the  Secretar 

of  the  Interior,  shall  prescribe,  that  the  applicant  is  ei 

titled  to  a  pension  under  this  act;  and  any  person  wh 

shall  falsely  take  any  oath  required  to  be  taken  unde 

the  provisions  of  this  act  shall  be  guilty  of  perjury;  an 


CRIMINAL  LAW  AND  PROCEDURE.  165 


the  Secretary  of  the  Interior  shall  cause  to  be  stricken 
from  the  rolls  the  name  of  any  person,  when  it  shall 
appear,  b}^  proof  satisfactory  to  him,  that  such  name 
was  put  on  said  rolls  by  or  through  false  or  fraudulent 
representations,  or  by  mistake  as  to  the  right  of  such 
person  to  a  pension  under  this  act.     *     *     * 

That  before  the  name  of  any  person  shall  be  placed  on,„^ct  Jan.  n, 
the  pension-roll  under  this   act,   proof  shall   be  made,  3"i.  c- 70,  sec.  3. 

^  1      •  r>.  False  oath  to  be 

under  such  rules  and  regulations  as  the  Secretary  of  the^eemed  penury. 
Interior  may  prescribe,  of  the  right  of  the  applicant  to  claims. 
a  pension;  and  any  person  who  shall  falsely  and  cor- 
ruptly take  an}^  oath  required  under  this  act  shall  be 
deemed  guilty  of  perjury;  and  the  Secretary  of  the  In- 
terior shall  cause  to  be  stricken  from  the  pension-roll 
the  name  of  any  person  whenever  it  shall  be  made  to  ap- 
pear by  proof  satisfactory  to  him  that  such  name  was 
put  upon  such  roll  through  false  and  fraudulent  repre- 
sentations, and  that  such  person  is  not  entitled  to  a  pen- 
sion under  this  act.     *     *     * 
That  before  the  name  of  any  person  shall  be  placed  on    A.ct  Juiy  27, 

xi  •  11  1.1-  *:  i.     1      11   1  ,  1892,  27  Stat.  L., 

the  pension  roll  under  this  act,  proof  shall  be  made,  un-  282,  c.  277,  sec.  3, 
der  such  rules  and  regulations  as  the  Secretary  of  the ,  False  oath  to  be 

-r    A       '  'loi  •!  rti  "..  deemed   perjurv, 

Interior  may  prescribe,  of  the  right  of  the  applicant  toindian  war 
a  pension;  and  any  person  who  shall  falsely  and  cor- 
ruptly take  any  oath  required  under  this  act  shall  be 
deemed  guilty  of  perjury;     *     *     * 

In  every  presentment  or  indictment  prosecuted  against    |ec.  5396,  r.  s. 
any  person  for  perjury,  it  shall  be  sufficient  to  set  forth  inent  for  perjurj-. 
the  substance  of  the  offense  charged  upon  the  defendant,9-sec.'i9.'v.  i,'p! 
and  by  what  court,  and  before  whom  the  oath  was  taken, 
averring  such  court  or  person  to  have  competent   au- 
thority to  administer  the  same,  together  with  the  proper 
averment  to  falsify  the  matter  wherein  the  perjury  is 
assigned,  without  setting  forth  the  bill,  answer,  informa- 
tion, indictment,  declaration,  or  any  part  of  any  record 
or  proceeding,  either  in  law  or  equity,  or  any  affidavit, 
deposition,    or   certificate,    other    than    as    hereinbefore 
stated,  and  without  seting  forth  the  commission  or  au- 
thority of  the  court  or  person  before  whom  the  perjury 
was  committed. 

Whoever  shall  procure  another  to  commit  any  perjury  gj''^™"^*^  ^^^> 
is  guilty  of  subornation  of  perjury,  and  punishable  as  in  f]J^"^^*^°°  °^ 
the  preceding  section  prescribed.  IS^^^'  ^'  ^* 


166  ARMY  AND  NAVY  PENSIONS. 

iSiSn?'fo;     I^  ^^^'^y  presentment  or  indictment  for  subornation  o 
peS°i^^^'°''     °' perjury,  it  shall  be  sufficient  to  set  forth  the  substance  o 
1790?  c.  ^^^5. 2o;  *^^  oflPense  charged  upon  the  defendant,  without  setting 
v.i,p.ii6.         f()j>^j^  ^jj^  l3Jlj^  answer,  information,  indictment,  declara 
tion,  or  any  part  of  any  record  or  proceeding  either  i] 
law  or  equity,  or  any  affidavit,  deposition,  or  certificate 
and  without  setting  forth  the  commission  or  authorit; 
of  the  court  or  person  before  whom  the  perjury  was  com 
mitted^  or  was  agreed  or  promised  to  be  committed, 
^riminai  Code,     Whocver  shall  promisc,  offer,  or  give,  or  cause  or  pro 
United^  ^"^ states  ^^^^®  ^^  ^®  promised,  offered,  or  given,  any  money  o 
°^ec'["545i,  R.  s.  ^ther  thing  of  value,  or  shall  make  or  tender  any  contract 
undertaking,  obligation,  gratuity,  or  security  for  the  pay 
ment  of  money,  or  for  the  delivery  or  conveyance  of  an} 
thing  of  value,  to  any  officer  of  the  United  States,  or  t 
any  person  acting  for  or  on  behalf  of  the  United  State 
in  any  official  function_,  under  or  by  authority  of  an 
department  or  office  of  the  Government  thereof,  or  to  an 
officer  or  person  acting  for  or  on  behalf  of  either  Hous 
of  Congress,  or  of  any  committee  of  either  House,  c 
both  Houses  thereof,  with  intent  to  influence  his  decisio 
or  action  on  any  question,  matter,  cause,  or  proceedin 
which  may  at  any  time  be  pending,  or  which  may  b 
law  be  brought  before  him  in  his  official  capacity,  or  i 
his  place  of  trust  or  profit,  or  with  intent  to  influence  hii 
to  commit  or  aid  in  committing,  or  to  collude  in,  or  alloT 
any  fraud,  or  make  opportunity  for  the  commission  < 
any  fraud^  on  the  United  States,  or  to  induce  him  to  d 
or  omit  to  do  any  act  in  violation  of  his  lawful  dut; 
Penalty.         shall  be  fined  not  more  than  three  times  the  amount  ( 
money  or  value  of  the  thing  so  offered,  promised,  give 
made,  or  tendered,  or  caused  or  procured  to  be  so  offeree 
promised,  given,  made,  or  tendered,  and  imprisoned  n<  i 
more  than  three  years. 
offie?^' ^  kiter-     ^VTioever,  being  an  officer  of  the  United  States,  or  i 
?ga^in?t  ^^fS^lP^^^^^  holding  any  place  of  trust  or  profit,  or  dischar; 
^s^.^549^*r'.  s.  ^^^  ^^y  official  function  under,  or  in  connection  with,  ar  ) 
Executive  Department  of  the  Government  of  the  Unite  ] 
States,  or  under  the  Senate  or  House  of  Representativ  i 
of  the  United  States,  shall  act  as  an  agent  or  attorm  ^ 
for  prosecuting  any  claim  against  the  United  States,  <  i 
in  any  manner,  or  by  any  means,  otherwise  than  in  di  • 
charge  of  his  proper  official  duties,  shall  aid  or  assist    i 
the  prosecution  or  support  of  any  such  claim,  or  recer  e 


J 


Penalty. 


CRIMINAL  LAW  AND   PROCEDURE.  167 

my  gratuity,  or  any  share  of  or  interest  in  any  claim 
Prom  any  claimant  against  the  United  States,  with  intent 
;o  aid  or  assist,  or  in  consideration  of  having  aided  or 
issisted,  in  the  prosecution  of  such  claim,  shall  be  fined 
lot  more  than  five  thousand  dollars,  or  imprisoned  not 
nore  than  one  year,  or  both. 

Whoever,  being  elected  or  appointed  a  Member  of  or  At^e^-ng^^etc, 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  Jfg^n^esl^"'^' 
ifter  his  election  or  appointment  and  either  before  or  anSiJ r'.  ^' 
ifter  he  has  qualified,  and  during  his  continuance  in 
)ffice,  directly  or  indirectly,  ask,  accept,  receive,  or  agree 
;o  receive,  any  money,  property,  or  other  valuable  consid- 
eration, or  any  promise,  contract,  undertaking,  obligation, 
yratuity,  or  security  for  the  payment  of  money  or  for  the 
ielivery  or  conveyance  of  anything  of  value  to  him  or  to 
my  person  with  his  consent,  connivance,  or  concurrence, 
For  his  attention  to,  or  services,  or  with  the  intent  to  have 
his  action,  vote,  or  decision  influenced,  on  any  question, 
natter,  cause,  or  proceeding,  which  may  at  any  time  be 
pending  in  either  House  of  Congress  or  before  any  com- 
[nittee  thereof,  or  which  by  law  or  under  the  Constitution 
may  be  brought  before  him  in  his  official  capacity,  or  in 
[lis  place  as  such  Member,  Delegate,  or  Resident  Commis- 
sioner, shall  be  fined  not  more  than  three  times  the  amount  Penalty, 
asked,  accepted,  or  received,  and  imprisoned  not  more 
than  three  years;  and  shall,  moreover,  forfeit  his  office 
3r  place,  and  thereafter  be  forever  disqualified  from  hold- 
ing any  office  of  honor,  trust,  or  profit  under  the  Govern- 
ment of  the  United  States. 

Whoever  shall  promise,  offer,  or  give,  or  cause  to  be    cffl^^g^bVibe, 
promised,  offered,  or  given,  any  money  or  other  thing  of  ®5x!on^ess.^"^^'^ 
value,  or  shall  make  or  tender  any  contract,  undertaking,    ^^-  ^*^'  ^'  ^• 
obligation,  gratuity,  or  security  for  the  payment  of  money 
or  for  the  delivery  or  conveyance  of  anything  of  value,  to 
any  Member  of  either  House  of  Congress,  or  Delegate  to 
Congress,  or  Resident  Commissioner,  after  his  election 
or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  or  to  any  person 
with  his  consent,  connivance,  or  concurrence,  with  intent 
to  influence  his  action,  vote,  or  decision,  on  any  question, 
matter,  cause,  or  proceeding  which  may  at  any  time  be 
pending  in  either  House  of  Congress,  or  before  any  com- 
mittee thereof,  or  which  by  law  or  under  the  Constitution 
may  be  brought  before  him  in  his  official  capacity  or  in 


168  AEMY  AND   NAVY  PENSIONS.  M 

his  place  as  such  Member,  Delegate,  or  Resident  Commi 

Penftity.  sioner.  shall  be  fined  not  more  than  three  times  the  amom 

of  money  or  value  of  the  thing  so  promised,  offered,  give 
made,  or  tendered,  and  imprisoned  not  more  than  thr< 
years. 

MemSrllcon-  ^^Tioever,  being  elected  or  appointed  a  Member  of  ( 
ffderaS'ffr  prSi  Delegate  to  Congrcss,  or  a  Resident  Commissioner,  sha] 
SSte%fltees,Tte"  ^fter  his  election  or  appointment  and  either  before  ( 

Sec.  1781,  R.  s.  jj£^gj.  ^le  has  qualified,  and  during  his  continuance  in  offic 
or  being  an  officer  or  agent  of  the  United  States,  sha 
directly  or  indirectly  take,  receive,  or  agree  to  receiv 
from  any  person,  any  money,  property,  or  other  valuab 
consideration  whatever,  for  procuring,  or  aiding  to  pr. 
cure,  any  contract,  appointive  office,  or  place,  from  tl 
United  States  or  from  any  officer  or  department  thereo 
for  any  person  whatever,  or  for  giving  any  such  contrac 

Offering consid-  appointive  office,  or  place  to  any  person  whomsoever ;  < 

bSsofcSi^S^' whoever,  directly  or  indirectly,  shall  offer,  or  agree 

give,  or  shall  give,  or  bestow,  any  money,  property,  ( 

other  valuable  consideration  whatever,  for  the  procurin 

or  aiding  to  procure,  any  such  contract,  appointive  offic 

Penalty.  qj.  place,  shall  be  fined  not  more  than  ten  thousand  dc 
lars  and  imprisoned  not  more  than  two  years;  and  sha 
moreover,  be  disqualified  from  holding  any  office  of  hone 
profit,  or  trust  under  the  Government  of  the  Unitt 
States.  Any  such  contract  or  agreement  may,  at  tl 
option  of  the  President,  be  declared  void. 

Id.,  sec.  113.         Whoever,  beinff  elected  or  appointed  a  Senator,  Mer 

Members  of  '  '^  ^^  ,  ' 

Congress   taking  ber  of  or  Delegate  to  Coneress,  or  a  Resident  Commi 

compensation   m    .  ... 

matters  to  which  siouer,  shall,  after  his  election  or  appointment  and  eith' 

United  States  are  -^  '  .  ^^ 

p^ies.  before  or  after  he  has  qualified,  and  during  his  contin 

ance  in  office,  or  being  the  head  of  a  department,  or  oth' 
officer  or  clerk  in  the  employ  of  the  United  States,  sha 
directly  or  indirectly,  receive,  or  agree  to  receive,  ai 
compensation  whatever  for  any  services  rendered  or 
be  rendered  to  any  person,  either  by  himself  or  anothe 
in  relation  to  any  proceeding,  contract,  claim,  controvers 
charge^  accusation,  aiTest,  or  other  matter  or  thing 
which  the  United  States  is  a  party  or  directly  or  inc 
rectly  interested,  before  any  department,  court-martij 
bureau,  officer,  or  any  civil,  military,  or  naval  commi 
Penalty.  gj^^j^  whatever,  shall  be  fined  not  more  than  ten  thousai 
dollars  and  imprisoned  not  more  than  two  years;  ai 
shall,  moreover,  thereafter  be  incapable  of  holding  ai 


CRIMINAL.  LAW  AND  PROCEDURE.  169 

office  of  honor,  trust,  or  profit  under  the  Government  of 
:he  United  States. 

Whoever,  being  an  officer  of  the  United  States,  or  a  uiiiS"  ^states 
3erson  acting  for  or  on  behalf  of  the  United  States,  in  l^^f  accepting 
my  official  capacity,  under  or  by  virtue  of  the  authority  ssoz^R.fl'^'  ^^^ 
)f  any  department  or  office  of  the  Government  thereof; 
)r  whoever,  being  an  officer  or  person  acting  for  or  on 
jehalf  of  either  House  of  Congress,  or  of  any  committee 
)f  either  House,  or  of  both  Houses  thereof,  shall  ask,  ac- 
cept, or  receive  any  money,  or  any  contract,  promise, 
mdertaking,  obligation,  gratuity,  or  security  for  the  pay- 
nent  of  money,  or  for  the  delivery  or  conveyance  of  any- 
hing  of  value,  with  intent  to  have  his  decision  or  action 
m  any  question,  matter,  cause,  or  proceeding  which  may 
it  any  time  be  pending,  or  which  may  by  law  be  brought 
)efore  him  in  his  official  capacity,  or  in  his  place  of  trust 
)r  profit,  influenced  thereby,  shall  be  fined  not  more  than  ®°  ^' 
hree  times  the  amount  of  money  or  value  of  the  thing  so 
isked,  accepted,  or  received,  and  imprisoned  not  more 
han  three  years ;  and  shall,  moreover,  forfeit  his  office  or 
>lace  and  thereafter  be  forever  disqualified  from  holding 
my  office  of  honor^  trust,  or  profit  under  the  Government 
)f  the  United  States. 

Whoever,  directly  or  indirectly,  shall  give  or  offer,  or    B^rY^^^o, 
;ause  to  be  given  or  offered,  any  money,  property,  or^g'J^se,judicia^o^ 
/alue  of  any  kind,  or  any  promise  or  agreement  therefor,  Jea?°ete^^      ^ 
)r  any  other  bribe,  to  any  judge,  judicial  officer,  or  other    sec.  5449,  r.  s. 
Derson  authorized  by  any  law  of  the  United  States  to 
lear  or  determine  any  question,  matter,  cause,  proceeding^ 
)r  controversy,  with  intent  to  influence  his  action,  vote, 
)pinion,  or  decision  thereon,  or  because  of  any  such  ac- 
:ion,  vote,  opinion,  or  decision,  shall  be  fined  not  more 
;han  twenty  thousand  dollars,  or  imprisoned  not  more 
han  fifteen  years,  or  both;    and  shall  forever  be  dis- 
^[ualified  to  hold  any  office  of  honor,  trust,  or  profit  under 
:he  United  States. 

"Whoever,  being  a  juror,  referee,  arbitrator,  appraiser,  jJ^orTete.!' 
issessor,  auditor,  master,  receiver.  United  States  com- *^p*"^s  ^"^• 
nissioner,  or  other  person  authorized  by  any  law  of  the 
United  States  to  hear  or  determine  any  question,  matter, 
:ause,  controversy,  or  proceeding,  shall  ask,  receive,  or 
igree  to  receive,  any  money,  property,  or  value  of  any 
iind,  or  any  promise  or  agreement  therefor,  upon  any 
agreement  or  understanding  that  his  vote,  opinion,  action, 


Penalty. 


ao- 


i 


170  ARMY  AND   NAVY  PENSIONS. 

judgment,  or  decision  shall  be  influenced  thereby,  or  be 
cause  of  any  such  vote,  opinion,  action,  judgment,  o 

Penalty.  dccision,  shall  be  fined  not  more  than  two  thousand  dol 
lars,  or  imprisoned  not  more  than  two  years,  or  both. 

witaSMcept-  Whoever,  being,  or  about  to  be,  a  witness  upon  a  trial 
ingbnbe.  hearing,  or  other  proceeding,  before  any  court  or  an; 

officer  authorized  by  the  laws  of  the  United  States  t 
hear  evidence  or  take  testimony,  shall  receive,  or  agre 
or  offer  to  receive,  a  bribe,  upon  any  agreement  or  undei 
standing  that  his  testimony  shall  be  influenced  therebj 
or  that  he  will  absent  himself  from  the  trial,  hearing,  o 
other  proceeding,  or  because  of  such  testimony,  or  sue 

Penalty.  absence,  shall  be  fined  not  more  than  two  thousand  do] 
lars,  or  imprisoned  not  more  than  two  years,  or  both. 

consp&tag  to  If  two  or  more  persons  in  any  State,  Territory,  or  Dis 
From^^perforaSgtrict  couspire  to  prevent,  by  force,  intimidation,  or  threa^ 
**"sS"55i8,  R.  s.  ^'^y  person  from  accepting  or  holding  any  office,  trus" 
or  place  of  confidence  under  the  United  States,  or  froi 
discharging  any  duties  thereof;  or  to  induce  by  lik 
means  any  officer  of  the  United  States  to  leave  any  Stat( 
Territory,  district,  or  place,  where  his  duties  as  an  office 
are  required  to  be  performed,  or  to  injure  him  in  hi 
person  or  property  on  account  of  his  lawful  discharge  c 
the  duties  of  his  office,  or  while  engaged  in  the  lawfi 
discharge  thereof,  or  to  injure  his  property  so  as  t 
molest,  interrupt,  hinder,  or  impede  him  in  the  discharg 
of  his  official  duties,  each  of  such  persons  shall  be  fine 

Penalty.  j^q^  more  than  five  thousand  dollars,  or  imprisoned  nc 
more  than  six  years,  or  both. 

Sec.  1980,  R.  s.     First.  If  two  or  more  persons  in  any  State  or  Territor 

Conspiracy.  ,  »  .       .      .  ,      . 

July  31, 1861^,^.  conspire  to  prevent,  by  force,  intimidation,  or  threa 
Apr.  20,' 1871,  c!  any  person  from  accepting  or  holding  any  office,  trus 
13;  Mar.i,i875,c.or  place  of  confidence  under  the  United  States,  or  froi 

114,  sec.  2,  V.  18,         ^  .  •      1  1         Ti 

p. 336.  discharging  any  duties  thereof;   or  to  induce  by  lik 

means  any  officer  of  the  United  States  to  leave  any  Stat 
district,  or  place,  where  his  duties  as  an  officer  are  r( 
quired  to  be  performed,  or  to  injure  him  in  his  person  c 
property  on  account  of  the  lawful  discharge  of  the  duti( 
of  his  office,  or  while  engaged  in  the  lawful  discharg 
thereof,  or  to  injure  his  property  so  as  to  molest,  inte] 
rupt,  hinder,  or  impede  him  in  the  discharge  of  his  officii 
duties ; 

Second.  If  two  or  more  persons  in  any  State  or  Tei 
ritory  conspire  to  deter,  by  force,  intimidation,  or  threa 


CRIMINAL  LAW  AND  PROCEDURE.  171 

my  party  or  witness  in  any  court  of  the  United  States 
Tom  attending  such  court,  or  from  testifying  to  any 
Qatter  pending  therein,  freely,  fully,  and  truthfully,  or 
o  injure  such  party  or  witness  in  his  person  or  property 
m  account  of  his  having  so  attended  or  testified,  or  to 
nfluence  the  verdict,  presentment,  or  indictment  of  any 
rrand  or  petit  juror  in  any  such  court,  or  to  injure  such 
uror  in  his  person  or  property  on  account  of  any  verdict, 
)resentment,  or  indictment  lawfully  assented  to  by  him, 
>r  of  his  being  or  having  been  such  juror;  or  if  two  or 
nore  persons  conspire  for  the  purpose  of  impeding, 
lindering,  instructing,  or  defeating  in  any  manner,  the 
hie  course  of  justice  in  any  State  or  Territory,  with  in- 
ent  to  deny  to  any  citizen  the  equal  protection  of  the 
aws,  or  to  injure  him  or  his  property  for  lawfully 
snforcing,  or  attempting  to  enforce,  the  right  of  any 
)erson,  or  class  of  persons,  to  the  equal  protection  of  the 
aws; 

Third.  *  *  *  In  any  case  of  conspiracy  set  forth  in 
liis  section,  if  one  or  more  persons  engaged  therein  do, 
>r  cause  to  be  done,  any  act  in  furtherance  of  the  ob- 
ect  of  such  conspiracy,  whereby  another  is  injured  in 
lis  person  or  property,  or  deprived  of  having  and  exercis- 
ng  any  right  or  privilege  of  a  citizen  of  the  United 
5tates,  the  party  so  injured  or  deprived  may  have  an 
Lction  for  the  recovery  of  damages,  occasioned  by  such 
njury  or  deprivation,  against  any  one  or  more  of  the 
!onspirators. 

Every  person  who,  having  knowledge  that  any  of  the   i^tioSr^'eg- 
\rrongs  conspired  to  be  done,  and  mentioned  in  the  pre- J^j^pJ^P"*^®"* 
eding  section,  are  about  to  be  committed,  and  having  22;^PJ;^'v?i7;p; 
)ower  to  prevent  or  aid  in  preventing  the  commission  of  ^^• 
he  same,  neglects  or  refuses  so  to  do,  if  such  wrongful 
ict  be  committed,  shall  be  liable  to  the  party  injured,  or 
lis  legal  representatives,  for  all  damages  caused  by  such 
vrongful  act,  which  such  person  by  reasonable  diligence 
jould  have  prevented ;  and  such  damages  may  be  recov- 
ered in  an  action  on  the  case ;  and  any  number  of  persons 
guilty  of  such  wrongful  neglect  or  refusal  may  be  joined 
is  defendants  in  the  action;  and  if  the  death  of  any 
party  be  caused  by  any  such  wrongful  act  and  neglect,  the 
egal  representatives  of  the  deceased  shall  have  such  ac- 
ion  therefor,  and  may  recover  not  exceeding  five  thousand 
lollars  damages  therein,  for  the  benefit  of  the  widow  of 


172  ARMY  AND  NAVY  PENSIONS. 

the  deceased,  if  there  be  one,  and  if  there  be  no  wido'' 
then  for  the  benefit  of  the  next  of  kin  of  the  deceasei 
But  no  action  under  the  provisions  of  this  section  sha 
be  sustained  which  is  not  commenced  within  one  yes 
after  the  cause  of  action  has  accrued, 
^liminai  Code,     jf  ^^q  qj.  more  persous  conspire  either  to  commit  ar 
g^^Pj^%  s  offense   against  the  United    States,   or   to  defraud   tl 
18^^*21  Stat,  i!.',  United  States  in  any  manner  or  for  any  purpose,  and  oi 
4,c.8.  or  more  of  such  parties  do  any  act  to  effect  the  obje 

of  the  conspiracy,  each  of  the  parties  to  such  conspirac 
Penalty.         shall  be  fined  not  more  than  ten  thousand  dollars,  or  ir 
prisoned  not  more  than  two  years,  or  both, 
is^fi?  stJt.  L.',     "^^^^  ^^y  claim-agent,  attorney,  or  other  person  ei 
^^Penaity   upon  ^^^^^  ^^  *^®  Collection  of  claims  for  pay,  bounty,  pe 
fofrSSgwih-  ^^^^'  ^^  other  allowances  for  any  soldier,  sailor,  or  marir 
fmtorS'^deiivIr  ^^  ^^^  ^^^  Commissioned  officer  of  the  military  or  nav 
^aM^wS^SS  foJ'ces,  or  who  may  have  been  a  soldier,  sailor,  marine, 
etc.^^   ^^^®^' officer  of  the  regular  or  volunteer  forces  of  the  Unit( 
States,  and  honorably  discharged,  who  shall  retain,  wit 
out  the  consent  of  the  bwner  or  owners  thereof,  or  shall  r 
fuse  to  deliver  or  account  for  the  same  upon  demand  du 
made  by  the  owner  or  owners  thereof,  or  by  their  age 
or  attorney,  the  discharge-papers  or  land-warrant  of  ai 
such  soldier,  sailor,  or  marine,  or  commissioned  offic< 
which  may  have  been  placed  in  his  hands  for  the  purpc 
of  collecting  said  claims,  shall  be  deemed  guilty  of  a  m 
demeanor,  and  shall,  upon  conviction,  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisc 
ment  not  exceeding  six  months,  or  both,  at  the  discreti 
of  the  court,  and  shall  thereafter  be  debarred  from  pro; 
cuting  any  such  claim  in  any  executive  department 
the  Government. 
Attorney  ^*for     ^^7  agent  or  attorney,  or  any  other  person  insti 
manding^^more^^®^^^^  ^^  prosccuting  any  claim  for  pension  or  hour; 
than   legal   fee,  land,  who  shall  directly  or  indirectly  contract  for,  ( ( 
i873^*^sec^?i  iV^^^^'  ^^  receive  or  retain  any  greater  compensation  i : 
Stat.  L.,  575.       hig  scrviccs,  or  instrumentality  in  prosecuting  a  claim  i  : 
pension  or  bounty  land  than  is  provided  in  the  Title  p  i 
taining  to  pensions,  or  who  shall  wrongfully  withh(  I 
from  a  pensioner  or  claimant  the  whole  or  any  part  ] 
the  pension  or  claim  allowed  and  due  such  pensioner  ] 
claimant,  or  the  land-warrant  issued  to  any  such  clai  i 
ant,  shall  be  deemed  guilty  of  a  high  misdemeanor,  a]  c 
upon  conviction  thereof,  shall  for  every  such  offensa  j 


J 


CRIMINAL,  LAW  AND   PROCEDURE.  173 

ned  not  exceeding  five  hundred  dollars,  or  imprison- 
lent  at  hard  labor  not  exceeding  two  years,  or  both,  at 
le  discretion  of  the  court. 

"  Sec.  4785.  No  agent  or  attorney  or  other  person  shall  23'stat!^L.^  99^^! 
emand  or  receive  any  other  compensation  for  his  services  ^^^g^-^jPgJor- 
1  prosecuting  a  claim  for  pension  or  bounty  land  than  gf Jj^g^°^^^^ 
ich  as  the  Commissioner  of  Pensions  shall  direct  to  be 
aid  to  him^  not  exceeding  twenty-five  dollars;  nor  shall 
ich  agent,  attorney  or  other  person  demand  or  receive 
ich  compensation,  in  whole  or  in  part,  until  such  pen- 
on  or  bounty-land  claim  shall  be  allowed:  Provided^ 
hat  in  all  claims  allowed  since  June  twentieth  eighteen 
undred  and  seventy-eight  where  it  shall  appear  to  the 
itisf action  of  the  Commissioner  of  Pensions  that  the  certS^S^to  ^ 
je  of  ten  dollars,  or  any  part  thereof,  has  not  been  paid,  ^Sn.^     ^^^ 
e  shall  cause  the  same  to  be  deducted  from  the  pension, 
ad  the  pension  agent  to  pay  the  same  to  the  recognized 
ttorney." 

*     *     *    Any  affent  or  attorney  or  other  person  in-    see.  4,  id.,  part. 

,    .     .  ,.  ,    .  -  .  Penaltyforvio- 

irumental   m   prosecuting   any    claim    for   pension   oriationofactreiat- 

ounty  land,  who  shall  directly  or  indirectly  contract  for,  pensation. 

emand  or  receive  or  retain  any  greater  compensation 

)r  his  services  or  instnunentality  in  prosecuting  a  claim 

)r  pension  or  bounty  land  than  is  herein  provided^  or  for 

ayment  thereof  at  any  other  time  or  in  any  other  manner 

lan  is  herein  provided,  or  who  shall  wrongfully  with- 

old  from  a  pensioner  or  claimant  the  whole  or  any  part 

f  the  pension  or  claim  allowed  and  due  such  pensioner 

r  claimant,  or  the  land  warrant  issued  to  any  such  claim- 

nt,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 

onviction  thereof  shall  for  every  such  offense  be  fined 

ot  exceeding  five  hundred  dollars,  or  imprisoned  at  hard 

ibor  not  exceeding  two  years,  or  both,  in  the  discretion 

f  the  court. 

That  no  agent,  attorney,  or  other  person  engaged  i^^ i89o^*26*&tet  l' 
ireparing,  presenting,  or  prosecuting  any  claim  under  i83,^^^^4,  sw.^4. 
lie  provisions  of  this  act  shall,  directly  or  indirectly,  con- 
ract  for,  demand,  receive,  or  retain  for  such  services  in 
treparing,  presenting,  or  prosecuting  such  claim  a  sum 
Teater  than  ten  dollars,  which  sum  shall  be  payable  only 
pon  the  order  of  the  Commissioner  of  Pensions,  by  the 
»ension  agent  making  payment  of  the  pension  allowed, 
nd  any  person  who  shall  violate  any  of  the  provisions  of 
his  section,  or  who  shall  wrongfully  withhold  from  a^]^^*};^//^^^! 
•ensioner  or  claimant  the  whole  or  any  part  of  a  pension  Lnsioner."  ^°°* 


174  ARMY   AND    NAVY   PENSIONS. 

or  claim  allowed  or  due  such  pensioner  or  claimant  und( 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  an 
upon  conviction  thereof  shall,  for  each  and  every  sue 
prSment?  ™'  o^^nce,  be  fined  not  exceeding  five  hundred  dollars,  or  I 
imprisoned  at  hard  labor  not  exceeding  two  years,  < 
both,  in  the  discretion  of  the  court. 
Act  Apr.   19,     That  no  claim  a^ent  or  attornev  shall  be  recognized  J 

1908,  35  Stat.  L.,  , .      , .         .  ^      ,     •  i       '  ^  •  i. 

64  c  147,  sec.  3.    the  adiudication  of  claims  under  the  first  section  of  th 

Attorneys,  etc.;  •' 

fees  restricted.  Act,  and  that  uo  agent,  attorney,  or  other  person  engage 
in  preparing,  presenting,  or  prosecuting  any  claim  und 
the  provisions  of  the  second  section  of  this  Act  shall,  d 
rectly  or  indirectly,  contract  for,  demand,  receive,  or  r 
tain  for  such  services  in  preparing,  presenting,  or  pros 

Amount.  cuting  such  claim  a  sum  greater  than  ten  dollars,  whi« 
sum  shall  be  payable  only  upon  the  order  of  the  Comm: 
sioner  of  Pensions  by  the  pension  agent  making  payme 
of  the  pension  allowed ;  and  any  person  who  shall  viols 
any  of  the  provisions  of  this  section  or  who  shall  wror 
fully  withhold  from  the  pensioner  or  claimant  the  whc 
or  any  part  of  a  pension  or  claim  allowed  or  due  su 
pensioner  or  claimant  under  this  Act  shall  be  deem 
guilty  of  a  misdemeanor,  and  upon  conviction  there 

Penalty.  shall,  for  each  and  every  such  offense,  be  fined  not  ( 
ceeding  five  hundred  dollars  or  be  imprisoned  at  ha 
labor  not  exceeding  two  years,  or  both,  in  the  discreti 
of  the  court. 

Act  Mar.  3,1891,     Hereafter  no  agent  or  attornev  shall  demand,  recei 

26  Stat.  L.,  1082,  u  n  J  ^-  J  •   /'  l 

c.  548,  part.        or   be   allowed   any   compensation  under   existmsr  h 

Attorney's  fee;  t  ,  in-  ^    •         e        -  % 

increase  a n d exceediuff  two  doUars  in  anv  claim  tor  increase  of  p* 

snecial-act 

claims.  sion  on  account  of  the  increase  of  the  disability  for  wh 

the  pension  has  been  allowed,  or  for  services  rendered 
securing  the  passage  of  any  special  act  of  Congress  gra  i 
ing  a  pension  or  an  increase  of  pension  in  any  case  tl 
has  been  presented  at  the  Pension  Office  or  is  allowa  ) 
Penalty  for  tak- under  the  general  pension  laws:  ^  And  provided  furtl  \ 
That  any  agent,  attorney,  or  other  person  instrumer  : 
in  prosecuting  any  claim  for  increase  of  pension  on   i 
count  of  the  increase  of  disability  for  which  pension  ^ 
allow^ed,  or  who  has  rendered  services  in  procuring    1 
passage  of  any  special  act  of  Congress  granting  a  pens  ( 
or  an  increase  of  pension  in  any  case  that  has  been  \  ". 
sented  at  the  Pension  Office  or  is  allowable  under    1 
general  pension  laws,  who  shall  directly  or  indirei  : 
contract  for,  demand,  receive,  or  retain  any  compel  \ 


1  See  act  May  28,  1908,  post. 


1 


CRIMINAL  LAW  AND  PROCEDURE.  175 


tion  for  such  services,  except  as  hereinbefore  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall,  for  each  and  every  such  offense, 
be  fined  not  exceeding  five  hundred  dollars  or  imprisoned, 
not  exceeding  two  years  or  both,  in  the  discretion  of  the 
court :  Provided^  however^  That  the  foregoing  provisions  ^^°v^°- 
in  relation  to  fees  of  agents  or  attorneys  shall  not  apply 
to  any  case  now  pending  where  there  is  an  existing  lawful 
contract  express  or  implied. 

That  hereafter  no  pension  attorney,  claim  agent,  or  19^8^*35 ^fj^£^' 
other  person  shall  be  entitled  to  receive  any  compensation  4i9,c.208,part. 
for  services  rendered  in  securing  the  introduction  of  a  bill 
[>r  the  passage  thereof  through  Congress  granting  pension 
or  increase  of  pension,  and  any  person  who  shall,  directly 
[)r  indirectly,  contract  for,  demand,  receive,  or  retain  any 
compensation  for  such  services  shall  be  deemed  guilty 
Df  an  offense,  and  upon  conviction  thereof  shall,  for  each 
md  every  such  offense,  be  fined  not  exceeding  five  hun-  templiig^  to"^  se- 
ired  dollars  or  imprisoned  not  exceeding  two  years,  or  Stion?^'^^  ^^^^' 
both,  in  the  discretion  of  the  court.^ 

That  no  fee,  compensation,  or  allowance  shall  be  paid  27  stat  if ;  sllfc'. 
to,  received,  or  accepted  by  any  agent,  attorney,  or  other  ^^pl^s^'ons  to 
person  instrumental  in  the  prosecution  of  any  claim  for^^NofeesT/com- 
pension  under  this  act;  and  any  person  who  may  makegjmeys^^  ^  ^^ 
any  claim  upon  any  applicant  for  any  fee,  compensation, 
Dr  alloAvance  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisoned  at  hard  labor  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court ;  and  it  shall  be  the 
iuty  of  the  Interior  and  War  Departments  to  render  all 
proper  aid  to  ajoplicants  under  this  act. 

Every  pension  agent,  or  other  person  employed  or  ap-  sJ.ISf ^^  *^°'*^' 
pointed  by  him,  who  takes,  receives,  or  demands  any  fee  takS'glS  ^^^"^^ 
or  reward  from  any  pensioner  for  any  service  in  con-    s^-^'^^.r.s. 
aection  with  the  payment  of  his  pension,  shall  be  fined 
aot  more  than  five  hundred  dollars.  Penalty. 

That  section  forty-seven  hundred  and  forty-five,  title  \^^<2^ix^%.  l!; 
afty-seven  of  the  Revised  Statutes  of  the  United  States  ^^I'^c^'^^Jv^i  5 


is  hereby  amended  to  read  as  follows : 

Sec.  4745.  Any  pledge,  mortgage,  sale,  assignment,  or  tramfe/of%n- 
:ransfer  of  any  right,  claim,  or  interest  in  any  pension  piedJe'or^r^ceS 
tvhich  has  been,  or  may  hereafter  be,  granted,  shall  be  void  meSSr.  *  ^ 
md  of  no  effect,  and  any  person  who  shall  pledge,  or  re- 

^This  language  was  first  used  in  the  pension  appropriation  act  of  Mar. 
LO,  1902,  32  Stat.  L.,  62,  c.  147,  and  is  last  used  in  the  act  above  printed, 

73814°— 13 13 


176  AKMY  AND   NAVY   PENSIONS. 


I 


ceive  as  a  pledge,  mortgage,  sale,  assignment  or  transfe: 

of  any  right,  claim,  or  interest  in  any  pension,  or  pensioi 

certificate,  which  has  been,  or  may  hereafter  be  granted  o 

issued,  or  who  shall  hold  the  same  as  collateral  security 

for  any  debt,  or  promise,  or  upon  any  pretext  of  sucji 

security,  or  promise,  shall  be  guilty  of  a  misdemeanoi 

and  upon  conviction  thereof  shall  be  fined  in  a  sum  no: 

Penalties.        exceeding  one  hundred  dollars  and  the  costs  of  the  prose 

cution;  and  any  person  who  shall  retain  the  certificat' 

of  a  pensioner  and  refuse  to  surrender  the  same  upon  th ! 

demand  of  the  Commissioner  of  Pensions,  or  a  United 

States  pension  agent,  or  any  other  person  authorized  b;' 

the  Commissioner  of  Pensions  or  the  pensioner  to  receiv  i 

the  same  shall  be  guilty  of  a  misdemeanor,  and  upon 

conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  i 

one  hundred  dollars  and  the  costs  of  the  prosecution. 

i906'*34^^at.  i!.'.     That  sectiou  thirty-six  hundred  and  seventy-nine  o 

^%i;^3679^^s.,  ^^^  Reviscd  Statutcs  of  the  United  States,  as  amended  b; 

^TcUtfar.  3,1905,^®^^^^^  ^^^^  ^^  ^^^  deficiency  appropriation  act  approve* 

33  Stat.  L.,  1257.  March  third,  nineteen  hundred  and  five,  is  hereby  furthe 

amended  to  read  as  follows : 

in^ex?S'^of''ap'     "  ^Ec.  3679.  No  Exccutivc  Department  or  other  Govern 

bidden.^'"''    ^"^-ment  establishment  of  the  United  States  shall  expend,  i 

any  one  fiscal  year,  any  sum  in  excess  of  appropriation 

made  by  Congress  for  that  fiscal  year,  or  involve  the  Gov 

ernment   in   any   contract  or   other   obligation   for   th 

future  payment  of  money  in  excess  of  such  appropria 

tions  unless  such  contract  or  obligation  is  authorized  b; 

. joiuntaryserv-i^^^    Nor  shall  any  Department  or  any  officer  of  the  Gov 

ernment  accept  voluntary  serv  ice  for  the  Government  o 

employ  personal  service  in  excess  of  that  authorized  b; 

law,  except  in  cases  of  sudden  emergency  involving  th 

loss  of  human  life  or  the  destruction  of  property.    All  ap 

propriations  made  for  contingent  expenses  or  other  ger 

eral  purposes^  except  appropriations  made  in  fulfillmen 

of  contract  obligations  expressly  authorized  by  law,  or  fo 

objects  required  or  authorized  by  law  without  referenc 

to  the  amounts  annually  appropriated  therefor,  shall,  o 

prevenWeficieS  or  before  the  beginning  of  each  fiscal  year,  be  so  appoi 

^^®^-  tioned  by  monthly  or  other  allotments  as  to  prevent  ex 

penditures  in  one  portion  of  the  year  which  may  necessi 

tate  deficiency  or  additional  appropriations  to  complet 

the  service  of  the  fiscal  year  for  which  said  appropria 

tions  are  made;   and  all  such  apportionments  shall  b 


CRIMINAL  LAW  AND   PROCEDURE.  177 

adhered  to  and  shall  not  be  waived  or  modified  except  g^gJ||P*{^  "^ 
upon  the  happening  of  some  extraordinary  emergency  or 
unusual  circumstance  which  could  not  be  anticipated  at 
the  time  of  making  such  apportionment,  but  this  provision 
shall  not  apply  to  the  contingent  appropriations  of  the  p^op^itioS'  ^I't 
Senate  or  House  of  Representatives;  and  in  case  said ^^J^^Jf^f °^gf °^® 
apportionments  are  waived  or  modified  as  herein  pro- 
vided, the  same  shall  be  waived  or  modified  in  writing  by  re^ed°  ^^'^^^ 
the  head  of  such  Executive  Department  or  other  Govern- 
ment establishment  haviag  control  of  the  expenditure, 
and  the  reasons  therefor  shall  be  fully  set  forth  in  each 
particular  case  and  communicated  to  Congress  in  connec- 
tion with  estimates  for  any  additional  appropriations  re- 
quired on  account  thereof.     Any  person  violating  any 
provision  of  this  section  shall  be  summarily  removed  from 
office  and  may  also  be  punished  by  a  fine  of  not  less  than    ^®°*^*y- 
one  hundred  dollars  or  by  imprisonment  for  not  less  than 
one  month." 

"V^Tioever,  with  intent  to  defraud  either  the  United  ggJ^^J'*^^  ^<*«' 
States  or  any  person,  shall  falsely  assume  or  pretend  to  tendSg^  to  ^he 
be  an  officer  or  employee  acting  under  the  authority  of  J^^^     ^*^^^ 
the  United  States,  or  any  Department,  or  any  officer  of  the  i8^^*23'^Jt^t  l* 
Government  thereof,  and  shall  take  upon  himself  to  act  as  ^^' 
such,  or  shall  in  such  pretended  character  demand  or 
obtain  from  any  person  or  from  the  United  States,  or  any 
Department,  or  any  officer  of  the  Government  thereof, 
any  money,  paper,  document,  or  other  valuable  thing, 
shall  be  fined  not  more  than  one  thousand  dollars,  or  im-    P®^a^*y- 
prisoned  not  more  than  three  years,  or  both. 

Whoever  shall  falsely  personate  any  true  and  lawful    Fl'isf^i^reona- 
holder  of  any  share  or  sum  in  the  public  stocks  or  debt  of  ^°Jii°^  ^°stSk^I 
the  United  States,  or  any  person  entitled  to  any  annuity,  ^s^°S,^r.'s. 
dividend,  pension,  prize  money,  wages,  or  other  debt  due 
from  the  United  States,  and,  under  color  of  such  false 
personation,  shall  transfer  or  endeavor  to  transfer  such 
public  stock  or  any  part  thereof,  or  shall  receive  or  en- 
deavor to  receive  the  money  of  such  true  and  lawful 
holder  thereof,  or  the  money  of  any  person  really  entitled 
to  receive  such  annuity,  dividend,  pension,  prize  money, 
wages,  or  other  debt,  shall  be  fined  not  more  than  five    ^'e^^a^ty- 
thousand  dollars  and  imprisoned  not  more  than  ten  years. 

Whoever  shall  knowingly  or  fraudulently  demand  or  Flise^demand 
endeavor  to  obtain  any  share  or  sum  in  the  public  stocks  ^"^g/'J/^^^^^®^^ 
of  the  United  States,  or  to  have  any  part  thereof  trans- ^®J^  543g  ^  g 


178  ARMY  AND   NAVY   PENSIONS. 

ferred,  assigned,  sold,  or  conveyed,  or  to  have  any  an- 
nuity, dividend,  pension,  prize  money,  wages,  or  other 
debt  due  from  the  United  States,  or  any  part  thereof,  re- 
ceived, or  paid  by  virtue  of  any  false,  forged,  or  counter- 
feited power  of  attorney,  authority,  or  instrument,  shall 
Penalty.         ^^  ^j^^j  ^^^  more  than  five  thousand  dollars  and  im- 
prisoned not  more  than  ten  years. 
1891^^26  ^^tat.  L.'     ^hat   sectious   forty-seven  hundred   and   eighty -three 
^^&^^4'783  and*^^^^  fifty-four  hundred  and  eighty-six  of  the  Revised 
amended^'  ^'Statutes  be,  and  the  same  are  hereby,  so  amended  as  to 

read  as  follows : 
o  f^"^^  n^ITS^n     "  Every    guardian,    conservator,    curator,    committee, 
money.  tutor,  or  other  person  having  charge  and  custody  in  a 

fiduciary  capacity  of  the  pension  of  his  ward,  who  shall 
embezzle  the  same  in  violation  of  his  trust,  or  fraudulently 
convert  the  same  to  his  own  use,  shall  be  punished  by  fine 
not  exceeding  two  thousand  dollars  or  imprisonment  at 
hard  labor  for  a  term  not  exceeding  five  years,  or  both 
at  the  discretion  of  the  court." 
seSI™"^*^  ^^^'     Whoever,  being  an  officer,  clerk,  agent,  employee,  oi 
lar^S^sSms^han  other  pcrsou  charged  with  the  payment  of  any  appropria- 
^sSf.M83,R.s.  tion  made  by  Congress,  shall  pay  to  any  clerk  or  othei 
employee  of  the  United  States  a  sum  less  than  that  pro 
vided  by  law,  and  require  such  employee  to  receipt  oi 
give  a  voucher  for  an  amount  greater  than  that  actualh 
paid  to  and  received  by  him,  is  guilty  of  embezzlement 
Penalty.         gj^j  shall  be  fined  in  double  the  amount  so  withheld  fron 
any  employee  of  the  Government  and  imprisoned  no 
more  than  two  years. 
riiime  ^f  offi-     Every  officer  or  agent  of  the  United  States  who,  having 
couiJts.'^^"^^^  ^'  I'eceived  public  money  which  he  is  not  authorized  to  re 
Sec.  5491.  R.  s.  ^^in  as  salary^  pay,  or  emolument,  fails  to  render  his  ac 
counts  for  the  same  as  provided  by  law  shall  be  deemec 
Penalty.         guilty  of  embezzlement,  and  shall  be  fined  in  a  sum  equa 
to  the  amount  of  the  money  embezzled  and  imprisone( 
not  more  than  ten  years. 
Prim^fil'eevi-     ^he  refusal  of  any  person,  whether  in  or  out  of  offic(  . 
zilmenL^  ®™^^"  charged  with  the  safe-keeping,  transfer,  or  disbursemen  . 
Sec.  5495,  R.  s.  ^f  ^j^^  public  mouey  to  pay  an}?^  draft,  order,  or  warram  , 
drawn  upon  him  by  the  proper  accounting  officer  of  th 
Treasury,  for  any  public  money  in  his  hands  belongin 
to  the  United  States,  no  matter  in  what  capacity  the  sam 
may  have  been  received,  or  may  be  held,  or  to  transfer  c  • 
disburse  any  such  money,  promptly,  upon  the  legal  n 
quirement   of  any   authorized  officer^  shall  be  deemec  , 


CRIMIl^AL  LAW  AND  PROCEDUKE.  179 

upon  the  trial  of  any  indictment  against  such  person  for 
embezzlement,  prima  facie  evidence  of  such  embezzlement. 

If  any  officer  charged  with  the  disbursement  of  the  pub-  ^^^f^e^nce  of 
lie  moneys  accepts,  receives,  or  transmits  to  the  Treasury  cogvei|ira.^  ^ 
Department  to  be  allowed  in  his  favor  any  receipt  or 
voucher  from  a  creditor  of  the  United  States  without 
having  paid  to  such  creditor  in  such  funds  as  the  officer 
received  for  disbursement,  or  in  such  funds  as  he  may  be 
authorized  by  law  to  take  in  exchange,  the  full  amount 
specified  in  such  receipt  or  voucher,  every  such  act  is  an 
act  of  conversion  by  such  officer  to  his  own  use  of  the 
amount  specified  in  such  receipt  or  voucher. 

Whoever  shall  take  and  carry  away,  without  authority  uiiil^fiSiVtak. 
from  the  United  States,  from  the  place  where  it  has  been  ^f^^/  ^^  p^- 
filed,  lodged,  or  deposited,  or  where  it  may  for  the  time  sec.5454,R.s. 
being  actually  be  kept  by  authority  of  the  United  States, 
any  certificate,  affidavit,  deposition^  written  statement  of 
facts,  power  of  attorney,  receipt,  voucher,  assignment, 
or  other  document,  record,  file,  or  paper,  prepared,  fitted, 
or  intended  to  be  used  or  presented  in  order  to  procure 
the  payment  of  money  from  or  by  the  United  States,  or 
any  officer  or  agent  thereof^  or  the  allowance  or  payment 
of  the  whole  or  any  part  of  any  claim,  account,  or  demand 
against  the  United  States,  whether  the  same  has  or  has 
not  already  been  so  used  or  presented,  and  whether  such 
claim,  account,  or  demand,  or  any  part  thereof,  has  or  has 
not  already  been  allowed  or  paid ;  or  whoever  shall  pre- 
sent, use,  or  attempt  to  use,  any  such  document,  record, 
file,  or  paper  so  taken  and  carried  away^  in  order  to  pro- 
cure the  payment  of  any  money  from  or  by  the  United 
States,  or  any  officer  or  ageni  thereof,  or  the  allowance 
or  payment  of  the  whole  or  any  part  of  any  claim,  ac- 
count, or  demand  against  the  United  States,  shall  be  fined 
not  more  than  five  thousand  dollars,  or  imprisoned  not  PenaKy. 
more  than  ten  years,  or  both. 

Whoever  shall  rob  another  of  any  kind  or  description    jfo^^^^j 
of  personal  property  belonging  to  the  United  States,  or  unftlJTtlite^  °' 
shall  feloniously  take  and  carry  away  the  same,  shall  be    see.  msg,  r.  s. 
fined  not  more  than  five  thousand  dollars,  or  imprisoned    Penalty, 
not  more  than  ten  years,  or  both. 

Whoever  shall  embezzle,  steal,  or  purloin  any  money,   ^^^Qzl'ung 
property,  record,  voucher,  or  valuable  thing  whatever,  of  p^^"°    moneys, 
the  moneys,  goods,  chattels,  records,  or  property  of  the  ig^|f^Y.^L^,'^479' 
United  States,  shall  be  fined  not  more  than  five  thousand  ^•^• 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 


180  ARMY  AND  NAVY  PENSIONS. 


1 


i&S^eS,'etc.,  Whoever  shall  receive,  conceal,  or  aid  in  concealing,  oi 
propSty"  ^""^"^  shall  have  or  retain  in  his  possession  with  intent  to  con- 
is^SteL^L^'^Sg;  ^^^^^  t^  ^is  ^^^  ^se  or  gain,  any  money,  property,  record 
^•^-  voucher,   or   valuable  thing   whatever,   of  the  moneys 

goods,  chattels,  records,  or  property  of  the  United  States 
which  has  theretofore  been  embezzled,  stolen,  or  pur- 
loined by  any  other  person,  knowing  the  same  to  hav( 
been  so  embezzled,  stolen,  or  purloined,  shall  be  fined  noi 
more  than  five  thousand  dollars,  or  imprisoned  not  mor( 
than  five  years,  or  both;  and  such  person  may  be  triec 
either  before  or  after  the  conviction  of  the  principa' 
offender. 
DitS^g^etc.,  Whoever  shall  willfully  and  unlawfully  conceal,  re 
^^^ec!^5S,'^R.s.  JT^ove,  mutilate,  obliterate,  or  destroy,  or  attempt  to  con 
ceal,  remove,  mutilate,  obliterate,  or  destroy,  or,  witl 
intent  to  conceal,  remove,  mutilate,  obliterate,  destroy 
or  steal,  shall  take  and  carry  away  any  record,  proceed 
ing,  map,  book,  paper,  document,  or  other  thing,  filed  o] 
deposited  with  any  clerk  or  officer  of  any  court  of  th( 
United  States,  or  in  any  public  office,  or  with  any  ju 
dicial  or  public  officer  of  the  United  States,  shall  b< 
Penalty.         fined  not  more  than  two  thousand  dollars,  or  imprisonex 

not  more  than  three  years,  or  both. 

Id.,  sec.  129.         Whoever,  having  the  custody  of  any  record,  proceeding 

ords%y°SeJ?^map,  book,  document,  paper,  or  other  thing  specified  ii 

^  sec!5408,R.s.  the  preceding  section,  shall  willfully  and  unlawfully  con 

ceal,  remove,  mutilate,  obliterate,  falsify,  or  destroy  an^ 

such  record,  proceeding,  map,  book,  document,  paper,  o: 

Penalty.         thing,  shall  be  fined  not  more  than  two  thousand  dollars 

or  imprisoned  not  more  than  three  years,  or  both;  an( 

shall  moreover  forfeit  his  office  and  be  forever  afterward; 

disqualified  from  holding  any  office  under  the  Govern 

ment  of  the  United  States. 

E^xtorto^'  b       Every  officer,  clerk,  agent,  or  employee  of  the  Unite( 

°*se?M8i  R  s  ^t^t^s,  and  every  person  representing  himself  to  be  o: 

act  JtMe^^^im  assuming  to  act  as  such  officer,  clerk,  agent,  or  employee 

34  Stat.  L.,  546.   who,  Under  color  of  his  office,  clerkship,  agency,  or  em 

ployment,  or  under  color  of  his  pretended  or  assumec 

office,   clerkship,   agency,   or  employment,   is   guilty    o: 

extortion,  and  every  person  who  shall  attempt  any  ac 

which  if  performed  would  make  him  guilty  of  extortion 

Penalty.         shall  be  fined  not  more  than  five  hundred  dollars,  or  im 

prisoned  not  more  than  one  year,  or  both. 


CRIMINAL  LAW  AND  PROCEDURE.  \/ 

Whoever  shall,  under  a  threat  of  informing,  or  as  a    E^jtStion^'  by 
consideration  for  not  informing,  against  any  violation  ^°'"°^®'"- 
of  any  law  of  the  United  States,  demand  or  receive  any 
money  or  other  valuable  thing,  shall  be  fined  not  more 
than  two  thousand  dollars,  or  imprisoned  not  more  than    Penalty. 
one  year,  or  both. 

Whoever,  having  knowledge  of  the  actual  commission    ^j^^gjjf-  ^^ 
of  the  crime  of  murder  or  other  felony  cognizable  by  the  ^®^o°y„Qn  t?  q 
courts  of  the  United  States,  conceals  and  does  not  as 
soon  as  may  be  disclosed  and  make  known  the  same  to 
some  one  of  the  judges  or  other  persons  in  civil  or  mili- 
tary authority  under  the  United  States,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more    Penalty- 
than  three  years,  or  both. 

Whoever  directly  commits  any  act  constituting  an  of-    ^iir^r?^prin- 
fense  defined  in  any  law  of  the  United  States,  or  aids,cip^^  ^^^  ^^^ 
abets,  counsels,  commands,  induces^  or  procures  its  com-5427,R.s. 
mission,  is  a  principal. 

Whoever,  except  as  otherwise  expressly  provided  by    puSment  of 
law,  being  an  accessory  after  the  fact  to  the  commission  ^^s^^Sas  and 
of  any  offense  defined  in  any  law  of  the  United  States,  ^^^' ^' ^• 
shall  be  imprisoned  not  exceeding  one-half  the  longest 
term  of  imprisonment,  or  fined  not  exceeding  one-half 
the  largest  fine  prescribed  for  the  punishment  of  the 
principal,  or  both,  if  the  principal  is  punishable  by  both 
fine  and  imprisonment;  or  if  the  principal  is  punishable 
by  death,  then  an  accessory  shall  be  imprisoned  not  more 
than  ten  years. 

All  offenses  which  may  be  punished  by  death,  or  im-  j^eiSs^^^and 
prisonment  for  a  term  exceeding  one  year,  shall  be  deemed  mj^demeanors  de- 
felonies.    All  other  offenses  shall  be  deemed  misdemeanors. 

The  repeal  of  existing  laws  or  modifications  thereof  Ac^^d^Hghts, 
embraced  in  this  title  shall  not  affect  any  act  done,  or ®^' °°' ^^®^*®*^' 
any  right  accruing  or  accrued,  or  any  suit  or  proceeding 
had  or  commenced  in  any  civil  cause  prior  to  said  repeal 
or  modifications,  but  all  liabilities  under  said  laws  shall 
continue  and  may  be  enforced  in  the  same  manner  as  if 
said  repeal  or  modifications  had  not  been  made. 

All  offenses  committed,  and  all  penalties,  forfeitures,  or    p^^'oTecutJons 
liabilities  incurred  prior  to  the  taking  effect  hereof,  under  andpunishments. 
any  law  embraced  in,  or  changed,  modified,  or  repealed 
by  this  title,  may  be  prosecuted  and  punished  in  the  same 
manner  and  with  the  same  effect  as  if  this  Act  had  not 
been  passed. 


18S  akMy  and  navy  pensions. 


m 


Acte*?f^umita-     ^^^  ^^^^  ^^  limitation,  whether  applicable  to  civil  cause?! 
t^o°-  and  proceedings,  or  for  the  recovery  of  penalties  or  for- 

feitures, embraced  in,  modified,  changed,  or  repealed  bj 
this  title,  shall  not  be  affected  thereby;  and  all  suits  oi 
proceedings  for  causes  arising  or  acts  done  or  committee 
prior  to  the  taking  effect  hereof  may  be  commenced  anc 
prosecuted  within  the  same  time  and  with  the  same  effect 
as  if  said  repeal  had  not  been  made. 

in'^^t^'jan.     "^^^^  Act  shall  take  effect  and  be  in  force  on  and  aftei 
1, 1910.  ^\^Q  ^Y^i  (Jay  of  January,  nineteen  hundred  and  ten. 

iStit^oniSi-     ^^  person  shall  be  prosecuted,  tried  or  punished  fo3 
**AcS'  Apr.  30,  ^^y  offense  not  capital,  except  as  provided  in  section  on< : 
stS. L.rii9?Apn ^^^^^^^^^  ^^^  forty-six,  unless  the  indictment  is  found, 
L',32f33/^  ^*^*"or  the  information  is  instituted  within  three  years  nex 
after  such  offense  shall  have  been  committed.     But  thi, 
act  shall  not  have  effect  to  authorize  the  prosecution,  tria 
or  punishment  for  any  offense,  barred  by  the  provision; 
of  existing  laws. 
Iteei^^' ^from     Nothing  in  the  two  preceding  sections  shall  extend  t( 
^"ac?"  Apr.   30,  ^^y  person  fleeing  from  justice.^ 


1790,    sec.    32, 
Stat.  L.,  119. 


1  Sec.  1043  relates  to  capital  offenses. 


Chapter  XI. 


REGULATIONS  AND  INSTRUCTIONS  RELATING  TO  PENSION 

CLAIMS. 


Declarations  and  evidence. 

Pensions  to  survivors  of  wars  prior  to 

Mar.  4,  1861,  and  their  widows. 
Pensions  to  invalids  since  Mar.  4,  1861. 
Evidence  required  in  invalid  claims. 
Navy  service  pensions. 
Pensions  to  widows  since  Mar.  4,  1861. 
Pensions  to  minors   since  Mar.  4,   1861. 
Pensions  to  helpless  children. 
Pensions  to  dependent  relatives. 
Claims  for  renewal  and  restoration. 
Pensions  to  Army  nurses. 


Division  of  pension,  act  of  Mar.  3,  1899. 
Claims  for  share  of  pension  of  inmates 

of  the  Government  Hospital  for  the 

Insane. 
Claims  for  payment  of  pension  to  wives 

OF  INSANE  pensioners,  OR  TO  WIVES  OF 

pensioners  undergoing  imprisonment. 
Accrued  and  reimbursement  claims. 
Witnesses  and  testimony. 
Copies  or  originals  of  papers. 
Miscellaneous. 


REGULATIONS  AND   INSTRUCTIONS   RELATING   TO   PENSION 

CLAIMS. 

DECLARATIONS  AND  EVIDENCE. 

All  declarations  and  affidavits  must  be  executed  before  some  officer 
duly  authorized  to  administer  oaths  for  general  purposes,  in  ac- 
cordance with  the  provisions  of  the  act  of  Congress  approved  July 
26,  1892,  page  81. 

Blank  forms  of  declarations  will  be  furnished  to  claimants  upon 
application  therefor.  They  will  not  be  furnished  to  agents  or  at- 
torneys in  bulk,  but  sample  forms  will  be  sent  on  request. 

A  claimant  may  prosecute  his  claim  by  attorney  or  in  person,  and 
if  he  prosecute  it  in  person  it  will  receive  the  same  consideration  by 
the  Bureau  of  Pensions  as  it  would  receive  if  prosecuted  by  an  at- 
torney. 


PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO    1861',  AND  TO  THEIR  WIDOWS. 

1.  War  of  the  Revolution^  service  pensions. — (a)  Widows  of 
soldiers  who  served  for  14  days  or  more,  or  were  in  battle  during 
the  war,  are  entitled,  provided  they  have  not  remarried,  to  $8  per 
month  from  March  9,  1878,  and  $12  per  month  from  March  19,  1886. 
{h)  The  widow  of  a  Revolutionary  soldier  w^ho,  in  his  lifetime,  was 
granted  a  pension,  is  entitled,  under  section  4743,  Revised  Statutes, 
to  pension  at  the  same  rate  as  was  paid  the  husband,  notwithstanding 
remarriage,  upon  proof  of  present  widowhood,  {c)  There  is  no  law 
granting  pension  to  the  daughters  or  other  descendents  of  soldiers 

183 


184  ARMY  AND   NAVY  PENSIONS. 

of  the  Eevolution.  The  daughters  of  Revolutionary  soldiers  nov 
drawing  pensions  were  placed  on  the  pension  roll  by  special  acts  o 
Congress. 

2.  War  of  1812^  service  pensions. — {a)  Under  the  act  of  Marcl 
9,  1878,  soldiers  and  sailors  who  served  14  days  or  more,  or  were  ii 
any  engagement,  during  this  war,  and  were  honorably  discharged 
and  the  widows  of  such  soldiers  and  sailors,  irrespective  of  the  dat 
of  marriage,  are  entitled  to  $8  per  month  from  March  9, 1878.  TJnde 
the  act  of  March  19,  1886,  widow  pensioners  mentioned  in  this  para 
graph  are  entitled  to  $12  per  month  from  that  date,  {h)  There  i 
no  law  granting  service  pensions  to  the  descendents  of  soldiers  o 
sailors  of  the  War  of  1812. 

3.  Indian  wars  from  1832  to  181^2^  service  pensions. — («)  The  ac 
of  July  27,  1892.  provides  pensions  for  the  surviving  officers  an 
enlisted  men,  including  marines,  militia,  and  volunteers,  who  wer 
in  the  military  or  naval  service  of  the  United  States  for  30  days  i 
the  Black  Hawk  War,  the  Creek  War,  the  Cherokee  disturbances,  c 
the  Florida  War  Nvith  the  Seminole  Indians,  and  were  honorabl 
discharged ;  or  who  were  personally  named  in  any  resolution  of  Coi 
gress  for  specific  services  therein;  and  for  their  widows,  provide 
they  have  not  remarried.  Claimants  under  this  act  must  be  actui 
and  bona  fide  residents  of  the  United  States  at  the  date  of  makin 
application.  All  pensions  under  this  act  are  fixed  at  $8  per  montl 
irrespective  of  rank,  are  not  subject  to  increase  for  any  cause,^  an 
are  payable  from  July  27,  1892;  the  pension  of  a  widow  whoj 
husband  was  living  on  that  date  commences  from  the  day  of  his  deatl 

Indian  tears  from  1817  to  1858. — The  provisions  of  the  foregoin 
act  of  July  27,  1892,  were  extended  by  the  act  of  June  27,  1902,  froi 
the  date  of  its  passage,  to  the  surviving  officers  and  enlisted  men,  ii 
eluding  marines,  militia,  and  volunteers  of  the  military  and  nav; 
service  of  the  United  States  who  served  for  30  days  or  more  and  wei 
honorably  discharged  under  the  United  States  military,  State,  Terr 
torial,  or  provisional  authorities  in  certain  specified  Indian  wa] 
occurring  from  1817  to  1858.  This  act  also  made  provision  for  tl 
surviving  widows,  who  have  not  remarried,  of  such  officers  and  me: 
In  establishing  these  claims  a  record  of  pay  by  the  United  States 
accepted  to  prove  record  of  enlistment  and  service. 

Indian  wars,  etc.,  from  1855  to  1860. — The  provisions  of  the  for 
going  act  of  July  27,  1892,  were  extended  by  the  act  of  May  30,  190 
to  the  surviving  officers  and  enlisted  men  of  the  Texas  volunteers  wl 
served  in  the  defense  of  the  frontier  of  that  State  against  Mexica 

marauders  and  Indian  depredations  from  the  year  1855  to  the  yej  i 

— — — — — — •- 

1  Sec.  1,  act  Apr.  19,  1908,  establishes  a  minimum  rate  of  $12  per  montli  for  all  pensic  i 
granted  to  widows.  After  that  date  the  rate  allowable  to  the  widows  of  officers  and  «  i 
listed  men  who  served  in  the  Indian  wars  is  increased  from  $8  to  $12  per  month. 


EEGULATIONS  AND  INSTRUCTIONS.  185 

1860,  inclusive,  and  to  the  surviving  widows,  who  have  not  remarried, 
of  such  officers  and  men.  In  establishing  these  claims,  where  there 
is  no  record  of  enlistment  or  muster  into  the  service  of  the  United 
States,  the  fact  of  reimbursement  to  the  State  of  Texas  by  the  United 
States,  as  evidenced  by  the  muster  rolls  and  vouchers  on  file  in  the 
War  Department,  shall  be  accepted  as  full  and  satisfactory  proof  of 
such  enlistment  and  service. 

4.  Mexican  War,  service  pensions, —  (a)  Under  the  act  of  January 
29,  1887,  officers  and  enlisted  men  who  were  in  the  military  or  naval 
service  of  the  United  States  for  60  days  in  the  Mexican  War,  or  on 
the  coasts  or  frontier  thereof,  or  en  route  thereto,  or  who  were  in  a 
battle  and  were  honorably  discharged,  or  who  w^ere  personally  named 
in  any  resolution  of  Congress  for  specific  services  therein,  are  entitled 
to  pension  if  62  years  of  age;  or,  if  not,  upon  proof  of  pensionable 
disability  or  dependence,  but  disability  incurred  while  voluntarily 
aiding  or  abetting  the  late  rebellion  does  not  give  title  to  pension. 
(h)  Widows  of  officers  and  enlisted  men  who  served  as  above  are  en- 
titled to  pension  upon  the  same  conditions  as  to  age  or  dependence  as 
apply  to  officers  and  enlisted  men.  (c)  Pensions  under  this  act  com- 
mence on  January  29,  1887,  if  a  pensionable  condition  existed  at  that 
date,  in  survivors'  claims,  by  reason  of  age,  dependence,  or  disability, 
and  in  widows'  claims,  by  reason  of  age  or  dependence ;  if  not,  then  on 
the  date  the  applicant  becomes  62  years  of  age,  or  dependent,  or  dis- 
abled within  the  meaning  of  the  law.  (d)  The  rate  of  pension  to 
survivors  is  $8  per  month,  irrespective  of  rank.  This  rate  for  sur- 
vivors was  increased  by  the  act  of  January  5,  1893,  to  $12  per  month, 
but  its  benefits  were  limited  to  those  who  were  pensioners  on  January 
5,  1893.  To  secure  this  increase  the  act  requires  that  a  pensioner 
must  show  that  he  is  wholly  disabled  for  manual  labor  and  in  such 
destitute  circumstances  that  $8  per  month  is  a  sum  insufficient  to  pro- 
vide him  with  the  necessaries  of  life.  The  act  of  April  23,  1900,  re- 
moved the  limitation  imposed  in  the  act  of  January  5,  1893.  The  act 
of  March  3,  1903,  pensions  all  survivors  of  the  Mexican  War  at  $12 
per  month,  irrespective  of  the  conditions  named  in  the  act  of  January 
5,  1893,  and  the  act  of  April  23,  1900.  (e)  The  pension  to  a  widow 
under  this  act  is  $8  per  month,  and  is  not  subject  to  increase.*  (/) 
Descendants  of  deceased  Mexican  soldiers  are  not  entitled  to  service 
pension. 

Act  of  Febmary  6, 1907. — Under  this  act  any  person  who  served  60 
days  in  the  War  with  Mexico  in  the  military  or  naval  service  of  the 
United  States  and  has  been  honorably  discharged  therefrom,  and  who 
has  reached  the  age  of  62  years  or  over,  is  entitled  to  a  pension  at  the 

^  Sec.  1,  act  Anr.  19,  1908,  establishes  a  minimum  rate  of  $12  per  month  for  all  pen- 
sions granted  to  widows.  After  that  date  the  rate  allowable  to  the  widows  of  officers  and 
enlisted  men  who  served  in  the  Mexican  War  is  increased  from  $8  to  $12  per  month. 


186  AEMY  AND  NAVY  PENSIONS. 

following  rates,  irrespective  of  rank:  At  G2  years,  $12  per  montl 
at  70  years,  $15  per  month ;  and  at  75  years  or  over,  $20  per  mont 
Pension  commences  from  the  date  of  filing  claim  in  the  Bure; 
of  Pensions  subsequent  to  February  6,  1907,  after  attaining  the  spei 
fied  age. 

5.  Pensions  for  disability  or  death  due  to  service  prior  to  March 
1861. — {a)  Soldiers  who  were  wounded  or  injured,  or  who  contract« 
disease  in  the  line  of  duty,  are  entitled  to  pension  corresponding 
rate  to  the  degree  of  the  disability  incurred  in  the  service.  Perso 
who  rendered  naval  service  are  entitled  to  a  like  pension,  under  t" 
same  conditions,  excepting  that  no  pension  may  be  granted  to  an  e 
gineer,  fireman,  or  coalheaver  for  disability  incurred  prior  to  Augu 
31,  1842.  {h)  The  widows,  or  children  under  IG  years  of  age, 
soldiers  who  served  prior  to  March  4,  1861,  are  entitled  to  pension, 
the  soldier's  death  was  due  to  causes  originating  in  time  of  acti 
war,  and  not  otherwise.  Widows,  or  children  under  16,  of  sailors  w 
served  prior  to  March  4,  1861,  are  entitled  to  pension  only  when  t 
death  of  the  sailor  occurred  in  the  service  and  in  the  line  of  dul 
{c)  Pensions  mentioned  in  this  paragraph,  if  not  applied  for  witl 
three  years  from  the  discharge  or  death  of  the  person  on  whose  { 
count  the  right  to  pension  exists,  or  within  three  years  of  the  termii 
tion  of  a  pension  previously  granted  on  account  of  the  service  a 
death  of  such  person,  commence  from  the  date  of  filing,  by  the  p( 
son  prosecuting  the  claim,  of  the  last  paper  necessary  to  establish 
{d)  The  rate  of  pension  allowed  to  one  whose  pensionable  rigl 
accrued  prior  to  March  4,  1861,  is  subject  to  variation,  after  July  : 
1866,  in  accordance  with  the  laws  passed  since  March  4,  1861.  ( 
There  is  no  provision  of  law  granting  pensions  to  the  parer 
brothers,  or  sisters  of  persons  who  rendered  military  or  naval  serv 
prior  to  March  4,  1861. 

PENSIONS  TO  INVALIDS  SINCE  MARCH  4,   1861. 

Sections  Jf692  and  Jf693^  Revised  Statutes. — The  declaration  shoi 
set  forth  the  company  and  regiment  in  which  the  applicant  serv< 
the  name  of  the  commanding  officer  of  the  company  or  organizati( 
and  the  dates  of  enlistment  and  discharge,  with  personal  descripti 
at  enlistment.  In  Navy  cases,  the  vessels  on  which  claimant  ser^ 
should  be  stated.  If  the  claim  is  made  on  account  of  a  wound 
injury,  the  declaration  should  set  forth  the  nature  and  locality 
the  wound  or  injury,  the  time  when,  the  place  where,  and  the  circu 
stances  under  which  it  was  received,  and  the  duty  upon  which  1 
applicant  was  engaged. 

If  the  wound  or  injury  was  accidental^  the  applicant  should  st 
whether  it  happened  through  his  own  agency,  or  that  of  other  p 
sons,  and  he  should  detail  minutely  the  circumstances  under  which 
was  received. 


EEGULATIONS  AND  INSTRUCTIONS.  187 

If  the  claim  is  made  on  account  of  disability  from  disease,  the 
pplicant  should  state  in  said  declaration  when  the  disease  first  ap- 
)eared,  the  place  where  he  was  when  it  appeared,  and  the  duty  upon 
vhich  he  was  engaged  at  the  time.  He  should  also  detail  the  circum- 
tances  of  exposure,  and  the  causes  which,  in  his  opinion,  produced 
he  disease.  Whether  the  application  be  made  on  account  of  dis- 
bility  from  wound,  injury,  or  disease,  the  claimant  should  state  the 
lames,  addresses,  and  localities  of  all  hospitals  in  which  he  received 
aedical  or  surgical  treatment,  giving  the  dates  of  his  admission 
hereto,  as  correctly  as  he  may  be  able. 

The  applicant  should  state  whether  he  was  in  the  military  or  naval 
ervice  prior  to,  or  after,  the  term  of  service  in  which  his  disability 
iriginated. 

The  applicant  should  state  his  post-office  address,  including  street 
,nd  number,  or  rural  free  delivery  route,  if  any. 

The  identity  of  the  applicant  must  be  shown  by  the  testimony  of 
wo  competent,  credible  witnesses,  who  must  appear  with  him  be- 
ore  the  officer  whose  jurat  is  attached  to  the  declaration. 

EVIDENCE  REQUIRED  IN  A  CLAIM  FOR  INVALID  PENSION. 

As  soon  as  practicable  after  the  receipt  of  an  application  for  pen- 
ion  a  call  will  be  made  by  the  Bureau  of  Pensions,  in  Army  cases, 
[pon  the  Adjutant  General,  United  States  Army,  for  the  full  military 
nd  medical  history  of  the  applicant,  as  shown  by  the  records  of  the 
Var  Department.  In  Navy  cases,  calls  for  such  evidence  wiU  be 
[lade  upon  the  proper  bureaus  of  the  Navy  Department. 

"UTien  the  records  of  the  War  or  Navy  Departments  do  not  furnish 
atisfactory  evidence  that  the  disability  on  account  of  which  the 
laim  is  made  originated  in  the  service  of  the  United  States,  and  in 
he  line  of  duty,  the  claimant  will  be  required  to  furnish  such  evi- 
lence,  in  accordance  with  the  instructions  hereinafter  given,  and 
ompliance  with  such  requirement  must  be  full  and  definite.  If  the 
Usability  resulted  from  a  wound  or  injury,  the  nature  and  location 
if  the  wound  or  injury,  the  time  when,  the  place  where,  and  the 
aanner  in  which  it  was  received,  whether  in  battle  or  otherwise, 
hould  be  shown  by  the  evidence  of  someone  who  was  a  commissioned 
ifficer  and  had  personal  knowledge  of  the  facts. 

If  the  person  called  upon  to  give  evidence  is  still  in  the  service 
-s  a  commissioned  officer,  his  certificate  will  be  accepted  in  lieu  of 
lis  affidavit.  If  there  is  no  record  of  the  disability  claimed,  the 
pplicant  will  be  called  upon  to  furnish  the  testimony  of  the  surgeon 
)y  whom  he  was  treated,  showing  the  location  and  nature  of  the 
v^ound  or  injury,  and  the  circumstances  under  which  it  was  received, 
-f  the  disability  arose  from  disease,  the  testimony  of  the  person  who 
vas  surgeon  or  assistant  surgeon  of  the  regiment  to  which  the  appli- 


188  ARMY  AND   NAVY  PENSIONS. 

cant  belonged,  or  of  the  vessel  on  which  he  served,  should  be  fur 
nished,  if  possible,  showing  the  name  or  nature  of  the  disease,  th 
time  when,  the  place  where,  it  was  contracted,  and  the  circumstance 
of  exposure  to  the  causes  which,  in  his  opinion,  produced  the  sam( 
The  surgeon  should  state  whether,  in  his  opinion,  the  habits  of  th 
applicant  were  contributory  to  the  origin  or  development  of  th 
disease. 

In  any  claim,  whether  based  on  wound,  injury,  or  disease,  if  : 
be  shown  that  the  testimony  of  a  surgeon,  assistant  surgeon,  or  othe 
commissioned  officer,  can  not  be  produced  as  evidence  of  the  origi 
of  the  disability  alleged,  the  testimony  of  other  persons  havin 
personal  knowledge  of  the  facts  will  be  considered. 

In  a  claim  on  account  of  disability  from  disease,  the  applicai 
must  furnish  the  testimony  of  physicians  who  have  attended  hii 
since  the  date  of  discharge,  explicitly  setting  forth  the  history  c 
the  disease  and  the  disability  since  its  first  appearance.  It  is  esp( 
cially  important  that  the  physician  who  first  attended  the  applicai 
after  his  discharge  state  the  date  at  which  the  attendance  commence 
and  the  condition  found  at  the  time.  If  it  should  not  be  possible  f( 
the  applicant  to  show  the  condition  of  his  health  during  the  who 
period  since  the  date  of  his  discharge  by  the  testimony  of  physician 
the  cause  of  his  inability  to  do  so  should  be  stated  by  him,  under  oat" 
The  testimony  of  other  persons  on  this  point  may  then  be  presente 
Statements  of  witnesses  in  regard  to  the  manner  in  which  the  appl 
cant  was  affected  should  be  full  and  definite,  and  should  show  ho 
such  witnesses  obtained  a  knowledge  of  the  facts  to  which  th( 
testify. 

Act  of  June  ^7,  1890^  as  amended  hy  act  of  May  P,  1900, — ^Ai 
officer,  soldier,  sailor,  or  marine  who  served  90  days  or  more  in  tl 
military  or  naval  service  of  the  United  States  during  the  late  "W: 
of  the  Rebellion,  who  has  been  honorably  discharged  therefrom,  ai 
who  is  suffering  from  disability  of  a  permanent  character,  not  tl 
result  of  his  own  vicious  habits,  which  incapacitates  him  from  tl 
performance  of  manual  labor  in  such  a  degree  as  to  render  hi 
unable  to  earn  a  support,  is  entitled  to  a  pension  under  this  act 
not  less  than  $6  nor  more  than  $12  per  month. 

The  act  of  May  9,  1900,  amending  the  act  of  June  27,  1890,  pr 
vides  that,  in  determining  inability  to  earn  a  support,  each  and  eve 
infirmity  shall  be  considered,  and  the  aggregate  of  the  disabiliti 
shown  be  rated.  These  acts  require  an  honorable  discharge  frc 
each  and  every  term  of  service  rendered  during  the  War  of  the  Reb< 
lion.  A  modification  of  this  requirement  has  resulted,  by  reason 
the  provisions  of  section  2  of  the  joint  resolution  of  July  1,  19( 
as  amended  by  the  joint  resolution  of  June  28,  1906.  As  the  h 
now  stands  the  honorable  discharge  of  any  soldier  or  sailor  frc 


REGULATIONS  AND  INSTRUCTIONS.  189 

my  subsequent  contract  of  service  entered  into  by  him  during  the 
ate  War  of  the  Rebellion  is  regarded  as  an  honorable  discharge  from 
ill  previous  contracts  of  service  previously  entered  into  by  him  with 
he  United  States  during  the  said  war,  if  the  service  under  such  sub- 
«quent  contract  was  for  not  less  than  six  months,  and  was  faithful, 
md  if  he  had  not  received  by  reason  of  the  subsequent  service  any 
)ounty  or  gratuity,  other  than  from  the  United  States,  in  excess  of 
hat  to  which  he  would  have  been  entitled  if  he  had  continued  to 
;erve  faithfully  until  honorably  discharged  under  any  contract  of 
lervice  previously  entered  into  by  him  during  the  War  of  the  Re- 
)ellion.  The  limitation  of  section  4716,  Revised  Statutes,  operated 
igainst  claimants  under  these  acts  until  July  1,  1902,  the  date  of  the 
)assage  of  the  joint  resolution  above  referred  to,  the  first  section 
)f  Avhich  removed  the  limitation  as  to  disloyalty,  except  as  to  those 
vho  enlisted  in  the  Army  or  Navy  of  the  United  States  after  January 
.,  1865. 

Aci  of  February  6, 1907, — By  the  terms  of  this  act  any  person  who 
lerved  90  days  or  more  in  the  military  or  naval  service  of  the  United 
5tates  during  the  late  Civil  War,  and  who  has  been  honorably  dis- 
charged therefrom,  is  entitled  to  a  pension  at  the  following  rates, 
rrespective  of  rank:  At  62  years  of  age,  $12  per  month;  TO  years 
►f  age,  $15  per  month;  75  years  or  over,  $20  per  month.  Pension 
jommences  from  the  date  of  filing  claim  in  the  Bureau  of  Pensions, 
lubsequent  to  February  6,  1907,  after  attaining  the  specified  age. 

The  bases  of  title  under  this  act,  except  as  herein  otherwise  stated, 
ire  the  same  as  under  the  act  of  June  27,  1890,  as  amended  by  the 
Lct  of  May  9,  1900. 

Claims  for  increase  of  invalid  pensions, — The  pensioner  who  may 
leem  himself  entitled  to  an  increase  of  pension  should  file  a  declara- 
ion  setting  forth  the  grounds  upon  which  he  bases  his  claim  for 
ncrease.  Upon  the  receipt  of  a  declaration  the  claimant  will  be 
idvised  of  the  evidence  necessary  to  complete  his  claim,  and,  if  it  is 
varranted,  a  medical  examination  will  be  ordered. 

An  order  for  medical  examination  will  not  issue  where  the  claimant 
s  in  receipt  of  the  maximum  rate,  under  the  law  and  the  rulings  of 
he  department,  for  the  pensioned  disability,  such  as  "  loss  of  sight 
>f  one  eA^e,"  "total  deafness  of  one  ear,"  "hernia,"  "loss  of  limb," 
)r  any  other  specific  or  minor  specific  disability,  for  which  the  rate 
s  fixed  by  law  or  departmental  rulings,  and  where  no  complications 
ire  shown.  Claimant  will  be  notified  that  he  is  receiving  the  maxi- 
num  rate  of  pension  for  the  pensioned  disability. 

Claims  for  renewal  of  pension, — Application  for  renewal  of  pen- 
don  must  be  made  by  a  declaration  executed  as  in  original  claims, 
setting  forth  that  the  cause  for  which  pension  was  granted  still 
continues, 


190  ARMY   AND   NAVY  PENSIONS. 

In  cases  of  unclaimed  pensions  (sec.  4719,  R.  S.)  there  must  bt 
filed  evidence  specifically  accounting  for  the  failure  to  claim  the 
pension,  and,  in  the  case  of  invalids,  medical  evidence  showing  th( 
continuance  of  the  disability  on  account  of  which  pension  wai 
allowed. 

NAVY  SERVICE  PENSIONS. 

Under  sections  4756  and  4757,  Revised  Statutes,  pensions  for  2( 
years'  service  and  for  10  years'  service,  respectively,  are  allowed  b^ 
the  Secretary  of  the  Navy  to  enlisted  men  and  appointed  petty  ofiicerj 
who  have  not  been  discharged  for  misconduct.  Pension  commence; 
from  the  date  of  filing  the  claim  therefor  in  the  Navy  Department 
and  for  20  years'  service  amounts  to  one-half  the  monthly  pay  o: 
the  applicant's  rating  at  his  discharge ;  for  10  years'  service  the  pen 
sion  can  not  exceed  the  rate  for  total  disability  and  is  fixed,  as  i 
also  its  duration,  by  the  Navy  Department.  An  application  for  pen 
sion  under  the  sections  referred  to  should  be  made  to  the  Secretary  o 
the  Navy,  and  all  subsequent  communications  should  be  addressed  t< 
the  Chief  of  the  Bureau  of  Navigation,  Navy  Department,  Washing 
ton,  D.  C. 

PENSIONS  TO  WIDOWS  SINCE  MARCH  4,   1861. 

Sections  Ji702  and  Jt.703^  Revised  Statutes. — ^To  obtain  title  to  pen 
sion  under  these  sections  it  must  be  shown  that  the  soldier  or  sailor  die( 
of  a  disability  contracted  in  the  service  and  in  the  line  of  duty.  Th 
date,  place,  and  cause  of  death  of  the  soldier  or  sailor  through  whor 
the  pension  is  claimed  should  be  shown  by  a  verified  transcript  o 
the  public  record.  When  the  public  record  is  indefinite  as  to  th 
cause  of  death,  and  when  it  is  necessary  to  show  the  pathological  con 
nection  between  the  death-cause  as  shown  in  the  record  and  the  dis 
ability  as  proven  of  service  origin,  the  testimony  of  the  attendin 
physician  should  be  filed,  giving  a  full  history  of  the  soldier's  fats 
illness  and  the  mode  and  manner  of  death,  but  when  this  is  impoK^ 
sible  the  testimony  of  other  persons  who  are  acquainted  with  the  cii 
cumstances  may  be  furnished. 

Proof  of  marriage. — The  marriage  of  the  applicant  to  the  perso  i 
on  account  of  whose  sendee  and  death  the  claim  is  mjide  should  t 
shown — 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record ;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated ;  c 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  cer( 
mony;  or 

(4)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  tt  i 
children;  or  M  | 

(5)  By  the  testimony  of  two  or  more  witnesses  who  know  that  tr  i 
parties  lived  together  as  husband  and  wife,  and  were  recognized j  i 


^  REGULATIONS  AND  INSTRUCTIONS.  191 

such,  and  who  shall  state  how  long,  within  their  knowledge,  such 
cohabitation  continued. 

Section  4705,  Revised  Statutes,  provides  that  in  the  claims  of  the 
widows  and  children  of  colored  and  Indian  soldiers  and  sailors  there 
need  be  no  other  evidence  of  marriage  than  satisfactory  proof  that 
the  parties  were  joined  in  marriage  by  some  ceremony  deemed  by 
them  obligatory,  or  habitually  recognized  each  other  as  man  and  wife, 
and  were  so  recognized  by  their  neighbors,  and  lived  together  as  such 
up  to  the  date  of  enlistment,  when  such  soldier  or  sailor  died  in  the 
service,  or,  if  otherwise,  to  the  date  of  his  death. 

Proof  of  dates  of  hirth  of  children. — The  dates  of  birth  of  children 
should  be  proved — 

(1)  By  a  duly  verified  copy  of  the  public  record  of  births,  or  the 
Aurch  record  of  baptism;  or 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births, 
who  should  state  how  they  are  now  able  to  fix  the  precise  dates. 

If  an}?"  child  of  the  person  on  whose  account  the  claim  is  made  died 
ifter  the  date  at  which  the  widow's  pension  would  commence,  the  date 
jf  death  must  be  shown. 

Act  of  June  27^  1890,  as  amended  hy  act  of  May  9, 1900, — Pensions 
inder  these  acts  are  granted  to  widows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
War  of  the  Eebellion. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
3f  his  Army  or  Navy  service.  Under  the  act  of  March  13,  1896,  the 
ieath  of  the  soldier  or  sailor  may  be  presumed. 

(4)  That  the  widow  is  without  means  of  support  other  than  her 
iaily  labor  and  an  actual  net  income  not  exceeding  $250  per  annum. 

(5)  That  she  married  the  soldier  or  sailor  prior  to  June  27,  1890. 
Act  of  April  19,  1908. — Pensions  under  this  act  are  granted  to 

fvddows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
uivil  War. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
^f  his  Army  or  Navy  service.  Under  the  act  of  March  13,  1896,  his 
ieath  may  be  presumed. 

(4)  That  she  was  married  to  the  soldier  or  sailor  prior  to  June 
27,  1890. 

PENSIONS  TO  MINORS  SINCE  MARCH  4,   1861. 

Sections  4702  and  1^703,  Revised  Statutes. — To  obtain  title  to  pen- 
sion under  these  sections  it  must  be  shown  that  the  father  of  the 
73814°— 13 14 


192  ARMY  AND   NAVY  PENSIONS. 

minor  children  ^  died  of  a  disability  contracted  in  the  service  and  ir 
the  line  of  duty;  and,  in  addition,  proof  must  be  furnished  as 
follows ; 

(1)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children,  must  be  established 
When,  however,  satisfactory  proof  upon  these  points  has  been  fur- 
nished in  the  claim  of  the  widow,  it  will  not  again  be  required  in  tin 
claim  on  behalf  of  the  minors. 

(2)  If  the  mother  of  the  children  is  dead,  the  date  of  her  deatl 
must  be  proved.  If  she  remarried,  her  remarriage  must  be  showi 
in  the  same  manner  that  her  marriage  to  the  father  of  the  children  ii 
required  to  be  established.  If  the  claim  is  based  on  the  fact  tha 
the  widow  has  abandoned  the  care  of  the  children,  or  that  she  is  ai 
unsuitable  person,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  them,  and  such  fact  be  duly  certified  under  seal,  by  any  cour 
having  probate  jurisdiction,  the  children  are  given  a  pensionabi 
status  by  section  4706,  Revised  Statutes,  to  the  exclusion  of  th 
widow,  until  they  severally  attain  the  age  of  16  years,  to  commenc 
from  the  date  of  last  payment  to  the  widow,  if  she  be  a  pensionei 
and  if  not,  from  the  date  on  which  her  pensionable  rights  accrued. 

(3)  If  the  mother  of  the  children  died  before  the  father,  it  mus 
be  shown  whether  he  again  married. 

(4)  It  must  be  shown  whether  the  father  left  any  other  pension 
able  child  than  the  minors  for  whose  benefit  the  claim  is  made,  anc 
if  so,  why  such  child  was  not  mentioned  in  the  application.  A  guai 
dian  is  not  entitled  on  account  of  a  child  that  died  prior  to  th 
date  of  the  application  for  pension. 

Act  of  June  27^  1890^  as  amended  hy  act  of  May  P,  1900, — Mine 
children  have  title  under  these  acts  upon  the  death  or  remarriag 
of  the  widow  of  the  soldier  or  sailor.  Where,  however,  the  wido^ 
was  married  to  the  soldier  or  sailor  subsequent  to  June  27,  189( 
and  his  death-cause  did  not  originate  in  the  service  and  in  the  line  o 
duty;  or  where  she  has  forfeited  her  title  to  pension  by  open  an  I 
notorious  adulterous  cohabitation,  the  minor  takes  title,  even  thoug  i 
the  widow  be  alive  and  unmarried. 

PENSIONS    TO    HELPLESS    CHILDBEN. 

The  first  proviso  of  the  third  section  of  the  act  of  June  27,  189  , 
as  amended  by  the  act  of  May  9,  1900,  continues  the  pension  of  i 
minor  child  who  is  insane,  idiotic,  or  otherwise  physically  or  mei  - 
tally  helpless,  after  it  becomes  16  years  of  age,  during  the  life  (  ( 

lA  minor  having  no  guardian  may  make  and  prosecute  a  claim  in  person  or  by  ne  t 
friend,  but,  if  the  claim  is  allowed,  payment  of  pension  will  be  made  to  a  duly  appoint  3 
guardian  only.  If,  however,  the  claim  is  filed  by  one  who  alleges  that  he  is  the  leg  1 
guardian,  his  authority  must  be  shown  by  a  duly  certified  copy  of  his  letters  of  guan 
ship. 


rd^ 


^  REGULATIONS  AND  INSTBUCTTONS.  193 

said  child,  or  during  the  period  of  such  disability.  The  benefits 
oi  this  proviso  are  extended  to  all  pensions  granted  before  June 
27,  1890,  or  thereafter  granted,  under  any  statute.  The  pension 
illowed  by  the  proviso  commences  from  the  date  of  the  filing  of 
the  application  therefor  in  the  Bureau  of  Pensions.  In  order  to 
abtain  title,  the  helplessness  of  the  child  must  have  originated  prior 
to  attaining  the  age  of  16  years,  and  have  continued  thereafter. 

PENSIONS  TO  DEPENDENT  EELATIVES. 

Section  4707,  Revised  Statutes. — To  obtain  title  to  pension  under 
this  statute,  it  must  be  shown  that  the  soldier  or  sailor  died  of  a 
iisability  contracted  in  the  service  and  in  line  of  duty. 

Dependent  mothers. — A  m.other  must  show  her  relationship,  the 
iate  and  cause  of  the  son's  death,  whether  he  left  a  widow  or  minor 
children  surviving,  and  her  dependence  upon  him  for  support  at 
the  time  of  his  death. 

In  proof  of  dependence,  it  must  be  shown  that  previous  to  the 
iate  of  the  said  son's  decease,  her  husband  had  died,  or  that  he 
bad  permanently  abandoned  her,  or  that,  on  account  of  disability 
from  injury  or  disease,  he  was  unable  to  support  her.  If  the  hus- 
band is  dead,  the  date  of  his  death  must  be  proved.  If  he  abandoned 
the  support  of  his  family,  the  date  of  the  abandonment,  and  all  the 
facts  of  the  case,  showing  whether  he  ever  returned,  or  ever  after- 
svards  contributed  to  the  support  of  the  claimant,  must  be  fully  set 
forth.  If  he  was  disabled,  the  nature  and  cause  of  the  disability, 
when,  and  to  what  extent,  it  rendered  him  unable  to  support  the 
claimant,  must  be  shown  by  the  testimony  of  his  physician.  The 
3xtent  of  his  disability  during  the  period  from  the  son's  death  to 
the  present  time  should  also  be  shown. 

The  value  of  the  property  of  the  claimant  and  her  husband,  the 
income  derived  therefrom,  and  the  other  means  of  support  possessed 
by  her,  while  she  was  receiving  the  contributions  of  the  son  on  account 
of  whose  service  and  death  pension  is  claimed,  and  from  that  time 
to  the  present,  should  be  shown  by  the  testimony  of  credible  and 
disinterested  witnesses,  who  must  state  how  they  know  the  facts. 
The  value  of  property  assessed  for  taxation  may  be  shown  by  the 
testimony  of  the  officer  having  custody  of  the  records  relative  thereto, 
who  should  also  state  the  ratio  of  the  assessed  to  the  actual  or  cash 
value  of  such  property. 

It  must  be  shown  to  what  extent,  for  what  period,  and  in  what 
manner,  her  said  son  contributed  to  her  support,  by  the  testimony 
of  persons  for  whom  the  son  labored,  to  whom  he  paid  rent,  of 
whom  he  purchased  groceries,  fuel,  clothing,  or  other  necessary 
articles  for  the  mother's  use,  or  of  those  who  otherwise  had  a  knowl- 


194  ARMY  AND   NAVY  PENSIONS. 

edge  of  the  contributions  of  the  son,  and  who  must  state  how  they 
obtained  such  knowledge.  Any  letter  from  the  son,  bearing  upon 
the  question  of  support,  should  be  filed.  If  the  son,  in  any  other 
manner  than  by  actual  contributions,  acknowledged  his  obligation 
to  support  his  mother,  or  was,  by  law,  bound  to  such  support,  the 
facts  should  be  shown. 

Dependent  fathers. — A  father  claiming  a  pension  on  account  of 
the  death  of  a  legitimate  son,  upon  whom  he  was  dependent  for  sup- 
port, must  prove — 

(1)  The  cause  of  his  son's  death ; 

That  said  son  left  no  widow  or  minor  child  surviving ; 

The  cause  and  extent  of  claimant's  disability  during  the  period  ir 
which  the  son  contributed  to  his  support,  and  from  that  time  to  th( 
present ; 

The  amount  of  his  property,  and  all  other  means  of  support  pes 
sessed  by  him  during  that  period,  and  the  extent  of  his  dependenc< 
upon  his  son  for  support. 

The  facts  of  the  case,  in  each  respect,  should  be  shown  by  sucl 
testimony,  as  is  required  in  the  claim  of  a  mother. 

(2)  The  date  of  the  claimant's  marriage  to  the  mother  of  th« 
soldier  or  sailor,  the  date  of  birth  of  the  son,  and  the  date  of  tb 
death  of  said  mother,  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  mad 
to  her  application,  and  the  number  of  the  same,  or  of  her  certificate 
should  be  given.  Evidence  upon  any  point  established  in  a  mother' 
claim  will  not  again  be  required. 

Minor  hrothers  and  sisters, — In  a  claim  on  behalf  of  minor  brother 
and  sisters,  there  must  be  proved —  • 

The  cause  and  date  of  death  of  the  brother  on  whose  account  th 
claim  is  made; 

His  celibacy; 

The  dates  of  death  of  the  mother  and  father,  or  death  of  the  fathe 
and  remarriage  of  the  mother; 

The  dates  of  birth  of  the  claimant  and  other  dependents  upon  tl: ; 
brother  for  support. 

If  the  mother  or  father  applied  for  pension,  the  number  of  his  ( i 
her  application,  or  of  his  or  her  certificate,  should  be  given. 

Evidence  upon  any  point  established  in  the  claim  of  the  moth<  r 
or  the  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  ma(  i 
between  brothers  and  sisters  of  the  half-blood  and  those  of  the  who  ^ 
blood.^ 

lA  minor  having  no  guardian  may  make  and  prosecute  the  claim  in  person  or  by  m  :i 

friend ;  but  if  the  claim  is  allowed,  payment  of  pension  will  be  made  to  a  duly  appoint  t 

guardian  only.     If,  however,  the  claim  is  filed  by  one  who  alleges  that  he  is  the  lej  i 

guardian,  his  authority  must  be  shown  by  a  duly  certified  copy  of  his  letters  of  gui  r 
dianship. 


REGTTLATION-S  AND  INSTKUCTIONS.  195 

Act  of  June  ^7, 1890  {construed  as  amending  sect,  4707^  E,  /S'.,  as  to 
dependent  parents). — The  same  evidence  is  required  in  claims  under 
this  act  as  under  section  4707,  Kevised  Statutes,  in  its  original  form, 
except  as  to  contributions  by  the  soldier  or  sailor,  and  as  to  date  of 
dependence,  which  is  removed  from  the  date  of  the  soldier's  or  sailor's 
death  to  the  date  of  the  filing  of  the  application  for  pension  under 
this  law. 

The  rate  of  pension  under  section  4707,  Revised  Statutes,  in  its 
original  form,  and  under  section  1  of  the  act  of  June  27,  1890,  is 
governed  by  the  rank  of  the  soldier  or  sailor  on  account  of  whose 
service  and  death  pension  may  be  claimed. 

If  the  claim  is  prosecuted  under  section  4707,  Revised  Statutes,  the 
attorney's  fee  may  be  $25;  if  prosecuted  under  section  1  of  the  act 
of  June  27,  1890,  the  fee  is  $10. 

CLAIMS  FOR  RENEWAL  AND  RESTORATION. 

Application  for  renewal  of  pension  (sec.  4719,  R.  S.)  must  be  sub- 
mitted to  the  Commissioner  of  Pensions  by  a  declaration  executed 
as  in  an  original  claim,  setting  forth  fully  the  reasons  for  failure  to 
draw  pension,  accompanied  by  evidence  satisfactorily  accounting  for 
such  failure. 

The  act  of  March  3,  1901,  amending  section  4708,  Revised  Statutes, 
and  the  act  of  February  28,  1903,  amendatory  of  said  act  of  1901, 
provide  for  restoration  of  pension  to  certain  remarried  widows  on 
renewed  widowhood.  'Jhe  applicant  under  these  acts  must  show  that 
she  was  the  wife  of  the  officer,  soldier,  or  sailor  during  the  period  of 
his  service  in  any  war ;  that  her  name  was  dropped  from  the  roll  by 
reason  of  her  marriage  to  another  person,  who  has  since  died,  or  from 
whom  she  has  been  divorced  upon  her  application,  and  without  fault 
on  her  part ;  and  that  she  is  without  other  means  of  support  than  her 
daily  labor  and  a  net  income  not  exceeding  $250  per  annum.  The 
fact  that  the  widow  was  originally  barred  from  pension  by  the  terms 
of  the  act  of  March  3,  1865,  by  reason  of  her  remarriage,  does  not 
deprive  her  of  title  to  restoration  under  the  act  of  February  28,  1903. 

PENSIONS  TO  ARMY  NURSES. 

Act  of  August  5,  1892, — By  this  act  all  women  employed  by  the 
Surgeon  General  of  the  Army  as  nurses  during  the  late  War  of  the 
Rebellion,  for  a  period  of  six  months  or  more,  and  who  were  honor- 
ably relieved  from  such  service,  are  entitled  to  a  pension,  provided 
they  are  unable  to  earn  a  support.  Applications  for  pension  under 
this  act  should  be  made  in  the  form  prescribed  by  the  Commissioner 
of  Pensions. 


196  ARMY  AND   NAVY  PENSIONS. 


DIVISION  OF  PENSION. 


m 


Act  of  March  S,  1899. — Applications  for  division  of  pension  under 
this  act  will  be  adjudicated  in  accordance  with  the  following  rules : 

Rule  1.  All  claimants  under  the  act  of  March  3,  1899,  will  b( 
required  to  file  with  their  declarations  proof  in  support  thereo: 
sufficient  to  establish  a  prima  facie  case  under  the  law. 

EuLE  2.  Where  the  claim  is  filed  by  the  wife,  alleging  that  th( 
pensioner  has  deserted  her  for  a  period  of  over  six  months  sub 
sequent  to  March  3,  1899,  and  prior  to  the  filing  of  the  declara 
tion,  the  declaration  must  be  accompanied  by  evidence  show 
ing  that  she  is  the  wife  of  the  pensioner;  that  the  pensionei 
has  deserted  her  for  the  period  alleged  in  the  declaration,  anc 
that  she  is  a  woman  of  good  moral  character  and  in  necessitou 
circumstances. 

EuLE  3.  Where  the  claim  is  filed  by  the  wife,  alleging  that  thi 
pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home,  or  \ 
National  Soldiers'  Home,  the  declaration  must  be  accompaniec 
by  evidence  showing  that  the  claimant  is  the  wife  of  the  pen 
sioner  and  that  she  is  a  woman  of  good  moral  character  and  ii 
necessitous  circumstances. 

EuLE  4.  Where  the  claim  is  filed  by  or  on  behalf  of  the  mino 
child  or  children,  under  sixteen  years  of  age,  of  a  pensionei 
alleging  that  pensioner  has  deserted  said  child  or  children,  th 
declaration  must  be  accompanied  by  evidence  showing  the  mar 
riage  of  the  parents ;  the  date  of  birth  of  each  child ;  death  o 
divorce  of  the  mother  of  the  minor  child  or  children,  or  that  sh 
has  no  title  under  the  said  act;  that  the  pensioner  has  deserte( 
such  child  or  children  for  the  period  alleged ;  and,  in  the  even 
of  the  death  or  divorce  of  the  mother  of  the  minor  child  or  chil 
dren,  that  the  pensioner  had  not  remarried  prior  to  the  statutor 
date  of  desertion,  or  that  his  present  wife  has  no  title  unde 
said  act. 

EuLE  5.  Where  the  claim  is  filed  by  or  on  behalf  of  the  mino 
child  or  children,  under  sixteen  years  of  age,  of  the  pensionei 
alleging  that  the  pensioner  is  an  inmate  of  a  State  Soldiers'  o 
Sailors'  Home  or  a  National  Soldiers'  Home,  the  declaration  mus 
be  accompanied  by  evidence  showing  the  marriage  of  the  parent? 
date  of  the  birth  of  each  child ;  the  death  or  divorce  of  the  mothe 
of  the  minor  child  or  children ;  or  that  she  has  no  title  under  th 
act  of  March  3,  1899 ;  and,  in  the  event  of  the  death  or  divorce  o 
the  mother  of  said  minor  child  or  children,  that  the  pensione 
had  not  remarried  prior  to  the  statutory  date  of  entrance  int 
the  Home,  or  that  his  present  wife  has  no  title  under  said  act. 

EuLE  6.  Where  the  claim  is  filed  by  or  on  behalf  of  a  pei 
manently  helpless  and  dependent  child  of  a  pensioner,  allegin 


EEGULATIONS  AND  INSTRUCTIONS.  197 

that  pensioner  has  deserted  such  child,  the  declaration  must  be 
accompanied  by  evidence  showing  the  marriage  of  the  parents; 
the  date  of  birth  of  the  child ;  the  death  or  divorce  of  the  mother 
of  the  child,  or  that  she  has  no  title  under  the  said  act ;  that  the 
pensioner  has  deserted  such  child  for  the  period  alleged;  that 
the  child  is  permanently  helpless  and  dependent;  and  in  the 
event  of  the  death  or  divorce  of  the  mother  of  such  child,  that 
the  pensioner  had  not  remarried  prior  to  the  statutory  date  of 
desertion,  or  that  his  present  wife  has  no  title  under  said  act. 

EuLE  7.  Where  the  claim  is  filed  by  or  on  behalf  of  a  per- 
manently helpless  and  dependent  child  of  a  pensioner,  alleging 
that  pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home 
or  a  National  Soldiers'  Home,  the  declaration  must  be  accom- 
panied by  evidence  showing  the  marriage  of  the  parents ;  the  date 
of  birth  of  the  child ;  the  death  or  divorce  of  the  mother  of  such 
child ;  or  that  she  has  no  title  under  the  act  of  March  3,  1899 ; 
that  such  child  is  permanently  helpless  and  dependent;  and  in 
the  event  of  the  death  or  divorce  of  the  mother  of  said  child 
that  the  pensioner  had  not  remarried  prior  to  the  statutory  date 
of  entrance  into  the  Home,  or  that  his  present  wife  has  no  title, 
under  said  act. 

Rule  8.  A  declaration,  unaccompanied  by  evidence  as  indicated 
herein  sufficient  to  establish  a  prima  facie  case,  will  not  be  con- 
sidered as  conferring  any  right  upon  the  claimant,  or  as  serving 
notice  upon  the  Bureau  sufficient  to  warrant  the  suspension  or 
the  withholding  of  any  part  of  the  pension  due  or  owing  to  the 
pensioner.  Upon  the  receipt  of  a  declaration,  unaccompanied 
by  evidence  as  indicated  herein,  it  should  be  promptly  returned 
to  the  claimant  with  a  notification  that  until  the  application 
is  perfected  in  accordance  therewith  it  can  not  be  considered. 

EuLE  9.  Upon  the  filing  by  the  wife,  minor  child  or  children, 
or  permanently  helpless  and  dependent  child  of  a  pensioner,  of 
a  declaration  accompanied  by  sufficient  evidence  to  show  a  prima 
facie  case  under  the  act  of  March  3, 1899,  the  United  States  pen- 
sion agent  will  at  once  be  instructed  to  suspend  payment  of  one- 
half  of  the  unpaid  pension  due  the  pensioner  for  the  period  from 
the  date  of  statutory  desertion,  or  his  entrance  into  a  State  or 
National  Soldiers'  Home,  and  to  withhold  from  him  one-half  of 
the  pension  due  and  payable  to  him  for  the  period  from  the  date 
of  the  filing  of  the  declaration,  and  during  the  pendency  of  the 
claim  under  the  act  cited. 

The  United  States  pension  agent,  upon  the  receipt  of  a  notice 
from  the  Commissioner  of  Pensions  to  suspend  payment  of  one- 
half  the  pension  of  the  pensioner,  will  make  a  record  entry 
thereof,  and  promptly  acknowledge  receipt  of  said  notice  of  sus- 


198  ARMY  AND  NAVY  PENSIONS. 


I 


pension,  and  thereafter  he  will  make  no  payment  of  the  one-hali 
suspended  portion  of  the  pension  to  any  person  until  further 
directed  by  the  Commissioner  of  Pensions. 

In  case  the  pensioner  is  an  inmate  of  a  National  Soldiers- 
Home,  the  treasurer  of  said  Home  will,  on  the  same  date  of  the 
notice  of  suspension  to  the  United  States  pension  agent,  be  duly 
advised,  through  the  Governor  of  said  Home,  of  said  notice  of 
suspension.  If,  on  the  date  of  receipt  of  said  notice  by  the  treas- 
urer of  the  Home,  he  shall  be  in  possession  of  any  unexpended 
pension  money  drawn  in  pensioner's  behalf,  or  to  which  the  pen- 
sioner became  entitled  during  his  residence  in  said  Home  subse- 
quent to  March  3,  1899,  the  treasurer  shall  withhold  and  retain 
in  his  possession  one-half  of  said  unexpended  pension  money, 
subject  to  the  future  order  of  the  Commissioner  of  Pensions. 

E-uLE  10.  The  filing  of  an  application  by  a  claimant  under  the 
act  of  March  3,  1899,  like  an  appeal  by  claimant  or  pensioner 
shall  serve  the  same  purpose  as  a  writ  of  supersedeas,  or  othei 
similar  writ,  and  shall  stay  further  Bureau  proceedings,  so  fai 
as  they  involve  further  payment  of  the  one-half  of  the  pension 
in  controversy,  pending  the  adjudication  of  the  claim  by  the 
Commissioner  of  Pensions. 

EuLE  11.  In  all  cases  filed  under  the  act  of  March  3,  1899. 
and  allowed,  the  claimant  is  entitled  to  one-half  of  so  much  o1 
the  unpaid  pension  as  is  due  or  owing  to  the  pensioner  at  the 
date  of  the  filing  of  the  declaration,  and  covering  the  period  from 
the  date  of  the  statutory  desertion,  subsequent  to  the  passage  of 
the  act  of  March  3, 1899,  or  covering  the  period  from  the  entrance 
of  the  pensioner  into  a  State  Soldiers'  or  Sailors'  Home  or  a  Na- 
tional Soldiers'  Home  subsequent  to  the  passage  of  the  act  of 
March  3,  1899.  In  cases  of  desertion,  where  the  desertion  oc- 
curred prior  to  the  passage  of  the  act  of  March  3,  1899,  the  dat( 
of  statutory  desertion  will  be  accepted  as  March  4, 1899.  In  cases 
where  the  desertion  occurred  subsequent  to  March  3,  1899  (the 
date  of  the  passage  of  the  act) ,  the  date  of  the  actual  desertior 
will  be  accepted  as  the  date  of  the  commencement  of  the  statutory 
desertion.  No  right  can  accrue  to  a  wife-claimant  until  the  pen- 
sioner has  been  in  actual  desertion  for  a  period  of  over  six 
months  prior  to  the  execution  of  her  declaration,  and  no  right 
of  application  by  a  wife,  under  the  act,  can  accrue  on  account  oi 
desertion,  until  six  months  have  expired  from  the  date  of  such 
desertion. 

EuLE  12.  In  cases  filed  under  the  act  of  March  3,  1899,  where 
the  pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home 
or  a  National  Soldiers'  Home,  the  actual  date  of  entrance  into  the 
Home  subsequent  to  March  3,  1899,  will  govern.    If  at  the  date 


REGXJLATIOlNrS  AND  TNSTKtJCTlONS.  199 

of  the  passage  of  the  act  the  pensioner  was  an  inmate  of  a  State 
Soldiers'  or  Sailors'  Home  or  a  National  Soldiers'  Home  March  4, 
1899,  will  be  considered  as  the  statutory  date  of  the  pensioner's 
entrance  into  the  Soldiers'  Home,  and  payment,  if  the  claim  is 
allowed,  shall  be  one-half  of  so  much  of  the  pension  as  remained 
unpaid  and  due  and  owing  to  the  pensioner  at  the  date  of  the 
filing  of  the  declaration. 

Rule  13.  Where  an  increase  of  pension  is  allowed  a  pensioner 
subsequent  to  the  allowance  of  a  claim  under  the  act  of  March  3, 
1899,  the  beneficiary  shall  be  entitled  to  one-half  of  only  so 
much  of  the  pension  as  is  due  the  pensioner,  covering  the  period 
subsequent  to  the  statutory  desertion  established  in  the  claim,  or 
subsequent  to  the  date  of  the  entrance  of  the  pensioner  into  the 
Soldiers'  Home  subsequent  to  the  passage  of  the  act  of  March  3, 
1899. 

Rule  14.  As  promptness  in  the  adjudication  of  claims  filed 
under  the  act  of  March  3,  1899,  is  imperative,  to  avoid  vexatious 
charges  against  one  or  the  other,  both  the  claimant  and  the  pen- 
sioner will  be  required  to  answer  calls  made  for  evidence 
promptly. 

Rule  15.  Where  a  prima  facie  case  under  the  act  of  March  3, 
1899,  has  been  filed  the  pensioner  will  receive  the  usual  notice  of 
the  filing  of  the  claim,  and  will  be  allowed  thirty  days,  as  herein 
provided,  from  the  receipt  of  said  notice,  to  answer  the  allega- 
tions made  therein.  Where  the  pensioner  has  made  answer,  and 
in  rebuttal  filed  evidence,  the  claimant  will  be  allowed  thirty 
days  from  the  receipt  of  a  notice  of  such  evidence  to  answer  same 
and  complete  the  claim  in  accordance  with  the  terms  of  the  act 
of  March  3,  1899.  Should  the  claimant  fail  to  complete  the 
claim,  or  fail  to  give  a  satisfactory  reason  for  so  doing,  the  case 
should  be  rejected,  on  the  ground  that  claimant  has  failed  to 
establish  title  within  the  meaning  of  the  act  of  March  3,  1899. 

Rule  16.  "V^^iere  the  pensioner  receives  the  usual  thirty-day 
notice  of  the  filing  of  the  claim  under  the  act  of  March  3,  1899, 
and  fails  to  make  answer  within  thirty  days  from  the  receipt 
thereof,  he  will  be  considered  as  waiving  his  right  of  answer,  and 
the  registry  return  receipt  card,  or  other  evidence,  showing  his 
receipt  thereof,  will  be  considered  as  proof  of  service  upon  him  of 
notice  of  the  filing  of  the  claim  and  his  waiver  of  answer  thereto. 

Rule  17.  Upon  the  adjudication  of  a  claim  under  the  act  of 
March  3,  1899,  the  Bureau  will  promptly  notify  both  parties  of 
the  action  taken,  by  registered  letter,  informing  both  that  thirty 
days  from  the  receipt  of  said  notice  will  be  allowed  for  the  pur- 
pose of  appealing  from  the  decision  of  the  Bureau,  and  there  shall 
be  inclosed,  to  both  claimant  and  pensioner,  a  copy  of  Rules  of 


200  ARMY  AND   NAVY  PENSIONS. 

Practice  in  Appealed  Claims.  No  payment  will  be  made  uni 
the  expiration  of  said  thirty  days,  unless  the  right  of  appe 
shall  be  sooner  waived :  Provided^  however^  That  the  unexplaini 
failure  of  a  pensioner  to  appear,  answer,  or  in  any  way  plead 
the  claimant's  application,  after  due  notice  thereof,  shall 
deemed  a  waiver  of  his  right  of  appeal  to  the  exteAt  that,  if  t 
claim  is  allowed,  final  orders  for  division  of  pension  shall  iss 
at  once. 

KuLE  18.  Upon  the  filing  of  an  appeal,  in  accordance  with  t 
rules  of  the  Department,  payment  will  be  still  suspended,  pen 
ing  the  decision  of  the  Department  upon  the  appeal,  as  requir 
by  Rule  13  of  Rules  of  Practice  in  Appealed  Claims. 

Rule  19.  If  no  appeal  is  filed  within  thirty  days  from  the  da 
as  shown  by  the  registry  return  receipt  card,  payment  will 
made  in  all  cases  allowed,  and  suspension  of  payment  will 
removed  in  all  cases  rejected,  and  the  full  amount  of  pensi 
restored  to  the  pensioner  in  the  last-named  cases. 

Rule  20.  Any  and  all  payments  of  one-half  the  pension 
any  of  the  beneficiaries  named  in  the  first  three  provisos  of  sj 
act  of  March  3,  1899,  shall  hereafter  be  made  by  and  throu 
the  United  States  pension  agents,  and,  in  future,  no  paym< 
shall  be  made  to  any  of  said  beneficiaries  by  the  treasurer  o 
National  Soldiers'  Home,  except  one-half  of  so  much  of  the  p 
sioner's  pension  as  shall  be  in  the  hands  of  the  treasurer  of  s 
Home,  and  unexpended,  at  the  date  of  filing  the  claim  under  s 
act,  in  which  case  the  treasurer  shall  withhold  and  disbi 
upon  the  order  of  the  Commissioner  of  Pensions,  as  providec 
Rule  9,  supra. 

Rule  21.  Applications  for  reconsideration  or  reopening 
the  Bureau  action  in  cases  under  the  first,  second,  or  third  ]  i 
visos  of  the  act  of  March  3,  1899,  should  be  in  the  form  (  £ 
motion,  or  petition,  stating  briefly,  but  specifically,  the  grou  i 
upon  which  the  application  is  based,  and  which,  if  true, 
warrant  a  modification  or  reversal  of  the  Bureau  action, 
motion  should  be  accompanied  by  evidence  sufficient,  if  tru( ,' 
establish  the  grounds  for  reconsideration,  or  reopening,  re  i' 
upon  by  the  applicant,  and  by  due  proof  of  service  of  co  ) 
of  the  motion,  or  petition,  and  the  supporting  evidence  r  3 
the  opposite  party  or  his  or  her  attorney. 

Proof  of  service  must  be  such  as  will  satisfy  the  Bureau    t 
the  opposite  party  has  been  informed  of  the  motion,  or 
tion,  and  the  supporting  evidence,  and  may  consist  of,  fir  t. 
written  acceptance  of  service  by  the  opposite  party  or  h*  ; 
her  attorney  of  record;  or  second,  a  postal  registry  returi 
cseipt  card  signed  by  the  opposite  party  or  attorney  of  re  y 


li 


REGULATIONS  AND  INSTRUCTIONS.  201 

accompanied  by  an  affidavit  showing  that  on  a  certain  date 
copies  of  the  motion,  or  petition,  and  the  supporting  evidence 
were  mailed  in  a  registered  letter,  postpaid,  to  the  opposite  party 
or  the  attorney  of  record,  addressed  to  a  certain  post  office 
(naming  it)  ;  and  that  the  card  was  returned  in  acknowledgment 
of  receipt  of  such  letter ;  or  third,  an  affidavit,  showing  that  on  a 
certain  date  and  at  a  certain  place  copies  of  the  motion,  or  peti- 
tion, and  of  the  supporting  evidence  were  personally  delivered 
to  the  opposite  party  or  his  or  her  attorney  of  record. 

Applications  for  reconsideration,  or  reopening,  not  conform- 
ing to  the  foregoing  requirements,  or  showing  satisfactory  reason 
why  personal  service  can  not  be  made,  will  not  be  considered  by 
the  Bureau,  but  will  be  promptly  returned  to  the  applicant,  or 
his  or  her  attorney  of  record,  for  compliance  therewith. 
Upon  the  acceptance  by  the  Bureau  of  Pensions  of  an  application 
for  reconsideration,  or  reopening,  the  opposite  party  will  be  advised, 
and   allowed   30  days  within  which  to  answer  or  demur  thereto. 
Payment  of  one-half  of  the  pension  in  question  will  be  suspended, 
pending  the  consideration  of  the  application,  and  such  suspension 
will  be  continued  for  a  period  of  30  days  from  the  date  of  receipt 
of  notice  of  the  bureau  action  upon  the  application,  to  permit  the 
filing  of  an  appeal,  unless  the  right  of  appeal  shall  have  been  waived 
by  the  party  in  interest. 

CLAIMS  FOR  SHARE  OF   PENSION   PAID   TO   INMATES  OF  THE   GO^^RNMENT 
HOSPITAL   FOR  THE   INSANE. 

Act  of  February  2,  1909. — By  the  terms  of  this  act,  the  pension 
accruing  to  an  inmate  of  the  Government  Hospital  for  the  Insane 
must  be  paid  to  the  superintendent  or  disbursing  agent  of  such  hos- 
pital, and  the  money  so  paid  shall  be  disbursed  and  used,  under  the 
regulations  prescribed  by  the  Secretary  of  the  Interior,  for  the 
benefit  of  the  pensioner,  and  in  the  case  of  a  male  pensioner,  his 
wife,  minor  children,  and  dependent  parents,  or,  if  a  female  pen- 
sioner, her  minor  children,  if  any,  in  the  order  named.  All  ques- 
tions affecting  the  right  of  a  claimant  to  a  share  of  the  pension  of 
an  inmate  of  the  hospital  are  determined  upon  evidence  submitted 
to  the  Commissioner  of  Pensions,  in  accordance  with  the  practice 
obtaining  in  such  cases.  The  findings  of  the  Commissioner  of 
Pensions  upon  the  evidence  are  submitted  to  the  Secretary  of  the 
Interior  for  approval,  and,  upon  the  latter's  direction,  the  disbursing 
officers  of  said  hospital  will  make  proper  distribution  of  the  pension 
money  to  the  dependents  enumerated  in  said  act. 

Applications  to  the  Commissioner  of  Pensions  for  allotment  of  a 
share  of  the  pension  in  cases  under  the  act  of  February  2,  1909, 
should  be  made  under  oath,  and  the  applicant  should  state  the  re- 


202  ARMY  AND  NAVY  PENSIONS. 

lationship  to  the  insane  person,  the  certificate  number  of  such  persoi 
if  known,  the  aggregate  value  of  all  property  owned  by  the  appl 
cant,  as  well  as  the  sources  of  income  and  means  of  support  of  sai 
applicant.  All  allegations  should  be  sustained  by  the  testimon 
of  persons  competent  to  testify  from  personal  knowledge  of  th 
facts,  and  the  witnesses  should  state  their  ages,  means  of  knowled^ 
of  the  facts  to  which  they  testify,  and  their  post  office  addresse 
giving  the  street  and  number,  or  rural  free  delivery  route,  if  an; 
In  case  the  application  is  made  by  the  wife,  she  should  furnish 
certified  copy  of  the  public  or  church  record  of  her  marriage  1 
pensioner,  or,  if  no  such  record  exists,  the  affidavit  of  the  person  wl: 
performed  the  ceremony,  or  the  testimony  of  competent  witnesse 
who  were  present  at  the  marriage,  showing  the  date  thereof.  ! 
either  applicant  or  pensioner  had  been  previously  married,  the  deal 
or  divorce  of  the  former  consort  should  be  proved,  in  case  of  deat 
by  a  verified  copy  of  the  public  or  church  record,  or  by  the  testimoi 
of  credible  witnesses  if  no  record  of  death  exist;  and,  in  case  ■ 
divorce,  by  a  certified  copy  of  the  decree  of  the  court.  If  the 
was  no  prior  marriage  on  the  part  of  the  applicant  or  the  pensionc 
this  fact  should  be  shown  by  the  testimony  of  at  least  two  credit 
witnesses  who  have  known  the  applicant  and  the  pensioner  from  t 
time  they  became  of  marriageable  age. 

In  the  cases  of  minor  children  or  dependent  parents,  the  relatio 
ship  of  the  applicants  to  the  pensioner  must  be  satisfactorily  sho\^ 

The  application  and  the  evidence  necessary  to  establish  the  clai 
should  be  filed  at  the  same  time. 

CLAIMS  FOR  PAYMENT  OF  PENSION  TO  WI\^S  OF  INSANE  PENSIONERS, 
TO  WIVES  OF  PENSIONERS  UNDERGOING  SENTENCE  OF  IMPRISONMENT. 

Act  of  August  <§,  1882. — ^Where  an  insane  invalid  pensioner  has 
guardian,  and  has  a  wife  or  children  dependent  upon  him,  the  w 
being  a  woman  of  good  character,  the  Commissioner  of  Pensions 
authorized,  in  his  discretion,  to  cause  the  pension  to  be  paid  to  i 
wife,  upon  her  properly  executed  voucher,  or,  if  there  is  no  wife,  I 
the  guardian  of  the  children,  upon  his  properly  executed  vouch  i 
and,  in  like  manner,  to  make  payment  of  the  pension  due  invalid  p'  i 
sioners  who  are  imprisoned  for  offenses  against  the  law,  to  ^  >. 
wives,  or  the  guardians  of  their  children.  ■ 

Under  this  statute  evidence  showing  the  pensioner's  insanity  or  i  i 
prisonment,  and,  in  the  case  of  a  wife,  her  good  character,  as  well  { 
the  proof  required  in  claims  under  the  act  of  February  2, 1909,  su^  '< 
must  be  furnished. 


ACCRUED    AND    REIMBURSEMENT    CLAI3IS. 


er   ! 


Act  of  March  ^,  1895. — An  accrued  pension  is  payable,  under 
terms  of  this  act,  whether  the  certificate  issues  prior  or  subsequen  J 


EEGULATIONS  AND  INSTRUCTIONS.  203 

be  death  of  the  person  entitled  to  the  pension,  first,  to  his  widow, 
econd,  if  there  is  no  widow,  to  his  child  or  children  under  16  years  of 
ge,  third,  in  case  of  a  widow,  to  her  minor  children  who  were  under 
6  years  of  age  at  the  date  of  her  death.  No  other  person  is  entitled 
0  receive  the  accrued  pension,  as  a  matter  of  right,  nor  is  it  consid- 
red  a  part  of  the  assets  of  the  estate  of  the  deceased  pensioner.  It  is 
LOt  liable  for  the  debts  of  the  estate,  in  any  case  whatsoever,  but  inures 
0  the  sole  and  exclusive  benefit  of  the  widow  or  children.  The  proof 
lecessary  to  establish  a  claim  for  accrued  pension  is  identical  with 
hat  required  to  establish  the  claim  of  a  widow  or  minor  child  to 
»riginal  pension,  in  so  far  as  the  relationship  of  the  claimant  for  the 
ccrued  pension  and  the  pensioner  is  concerned.  Full  instructions 
vill  be  given  by  the  Commissioner  of  Pensions  to  an  applicant  for 
tccrued  pension  as  to  the  character  of  the  evidence  necessary  to 
stablish  a  claim. 

A  claim  for  reimbursement  may  be  made  by  the  person  who  bore 
he  expenses  of  the  last  sickness  and  burial  of  any  pensioner  who 
lied,  leaving  no  widow,  or  child  under  16  years  of  age,  surviving, 
)rovided  the  pensioner  did  not  leave  sufficient  assets  to  meet  such 
ixpenses.  An  application  for  reimbursement  should  be  accompanied 
)y  the  following  evidence: 

(a)  Bills  of  all  expenses  of  last  sickness  and  hurial. — If  paid  by 
he  claimant  for  reimbursement  the  bills  must  be  properly  receipted 
o  said  claimant.  If  unpaid,  the  parties  to  whom  said  bills  are  due 
hould  note  on  each  bill,  over  their  signatures,  that  they  hold  the 
:laimant  responsible  for  the  payment.  If  the  bill  be  for  medical 
reatment  it  must  show  the  dates  of  visits  or  treatment  and  the  charge 
'or  each.  A  bill  for  nursing  and  care  must  show  the  dates  between 
vhich  the  services  were  rendered,  and  the  rate  per  day  or  week.  The 
>ill  of  the  undertaker  must  be  itemized,  and  show  the  date  on  which 
he  services  were  rendered. 

Each  bill  must  show  that  the  service  was  rendered  for  the  pen- 
ioner  on  account  of  whom  reimbursement  is  claimed. 

All  claims  should  be  presented  in  the  name  of  one  person. 

Bills  which  are  forwarded  become  a  part  of  the  records  of  the 
Bureau  of  Pensions,  and  can  not  be  returned.  Claimants  should 
therefore  secure  duplicates  of  such  bills  if  needed  by  them. 

(h)  The  pension  certificate  which  was  issued  in  the  name  of  the 
pensioner. — If  such  certificate  is  not  in  possession  of  the  claimant  a 
jtatement  showing  its  whereabouts  or  final  disposition  should  be 
nade. 

WITNESSES  AND  TESTIMONY. 

A  declaration  executed  before  an  officer  who  is  claimant's  attorney 
a  accepted  by  the  Bureau  of  Pensions  as  good  and  valid,  but  under 


204    '  ARMY  AND  NAVY  PENSIONS. 

the  practice  such  magisterial  act  vacates  any  rights  which  may  b( 
conferred  on  him  in  the  power  of  attorney  therein  embodied. 

Evidence  executed  before  an  officer  who  is  claimant's  attorney  o] 
before  any  person  who  has  a  manifest  interest  therein  will  not  hi 
considered.  It  is  held  by  the  Secretary  of  the  Interior,  however,  tha 
evidence  so  executed,  wherein  the  certificate  of  such  officer  contain; 
a  clause  setting  forth  that  "he  is  in  nowise  interested  in  the  clain 
nor  concerned  in  its  prosecution  "  is  good  and  valid,  but  the  right 
such  officer  may  have  had  as  attorney  in  the  case  are  thereby  aban 
doned.  All  certificates  of  executing  officers  should  certify  that  the; 
have  no  interest  in  the  claim. 

It  is  desirable  that  the  facts  required  to  be  proved  in  the  prosecu 
tion  of  a  claim  for  pension  should,  if  possible,  be  shown  by  the  testi 
mony  of  persons  other  than  near  relatives  of  the  claimant. 

Every  fact  required  to  be  proved  should  be  shown  by  the  best  evi 
dence  obtainable.  Every  witness  should  state  whether  he  has  an 
interest,  direct  or  indirect,  in  the  prosecution  of  the  claim  in  whia 
he  may  testify,  and  should  give  his  post-office  address,  with  stree 
and  number,  or  rural  free-delivery  route,  if  any. 

Witnesses  should  not  merely  confirm  the  statements  of  other  pai 
ties,  but  should  give  a  detailed  statement  of  the  facts  known  to  ther 
in  regard  to  the  matter  concerning  which  they  testify,  and  shoul 
state  how  they  obtained  a  knowledge  of  such  facts.  The  office 
taking  the  deposition  or  affidavit  should  certify  in  his  own  hanc 
writing  as  to  his  knowledge  of  the  credibility  of  the  witnesses.  I 
they  sign  by  mark,  the  signature  must  be  attested  by  two  witnessc 
who  can  write,  and  the  officer  must  certify  that  the  contents  of  thei 
depositions  or  affidavits  were  read  to  them  before  he  administere 
the  oath. 

It  is  desirable  that  affidavits  should  be  free  from  interlineatioi 
and  erasures.  When  an  alteration  is  made  in  an  affidavit,  or  a 
addition  is  made  thereto,  it  must  appear  by  the  certificate  of  tl 
officer  who  administered  the  oath  that  such  alteration  or  additic 
was  made  with  the  knowledge  and  sworn  consent  of  the  affiant. 

In  all  affidavits  from  surgeons  or  physicians  it  is  desirable  thj 
the  portion  detailing  the  nature  of  the  disability,  dates  of  treatmcE 
and  date  of  death,  symptoms  and  opinions  as  to  connection  betwee 
diseases  or  injury  and  disease,  should  be  in  the  handwriting  of  tl  i 
party  by  whom  it  is  signed.  The  testimony  of  any  person  testifyir 
as  an  expert  should  be  prepared  by  some  one  professionally  compete] 
to  do  so. 

The  official  certificates  of  judicial  officers  using  a  seal  or  of  cor 
missioned  officers  of  the  Army  or  Navy  in  actual  service  will  I  ; 
accepted  without  being  sworn  to,  but  all  other  witnesses  must  testi:  i 
under  oath.  «  , 

I 


KEGULATIONS  AND  INSTRUCTIONS.  205 

COPIES  OR  ORIGINALS  OF  PAPERS. 

All  papers  or  exhibits  filed  as  evidence  in  claims  for  pension  become 
.  part  of  the  record.  Copies  of  same  or  originals  can  be  returned 
>nly  within  the  discretion  of  the  Commissioner  of  Pensions  upon 
pplication  by  the  parties  properly  entitled  thereto. 

Certified  copies  of  declarations  and  affidavits  on  file  in  claims  for 
)ension  will  be  furnished  only  upon  the  call  of  the  court  or  the  de-' 
)artment  wherein  the  same  are  to  be  used  as  evidence,  and  if  for  use 
n  a  court  upon  the  following  conditions: 

The  Bureau  of  Pensions  should  be  advised  of  the  nature  of  the 
;uit,  the  names  of  the  parties  thereto,  and  in  what  court  the  action 
s  pending. 

I  The  party  who  desires  to  use  the  certified  copies  should  state  what 
lie  expects  to  prove  by  them  and  make  oath  in  due  form  that  this 
svidence  is  material  to  his  cause;  that  the  object  of  its  use  can  not 
)e  attained  by  the  substitution  of  any  other  evidence;  that  without 
t  he  may  suffer  irreparable  injury,  and  that  the  United  States 
jrovernment  is  not  involved  as  a  party  to  the  action  nor  interested 
n  the  result  thereof. 

With  such  affidavit  he  should  file  a  request  from  the  judge  of  the 
;ourt  in  which  the  action  is  pending  for  the  production  of  such  cer- 
ified  copies. 

The  papers  of  which  copies  are  desired  should  be  clearly  specified, 
ind  the  name  of  the  soldier  upon  whose  service  the  claim  was  based, 
he  designation  of  the  organization  in  which  he  served,  and,  if  pos- 
sible, the  number  of  the  claim  or  the  certificate  should  be  stated,  in 
)rder  that  the  case  may  be  identified  and  unnecessary  delay  avoided. 

MISCELLANEOUS. 

Applications  for  certificate  of  service  in  lieu  of  lost  discharge 
should  be  filed  with  the  Adjutant  General,  United  States  Army,  War 
Department,  in  Army  cases,  and  with  the  Chief  of  the  Bureau  of 
STavigation,  Navy  Department,  in  Navy  cases. 

Applications  for  back  pay,  extra  pay,  or  bounty  money  for  mili- 
tary service  should  be  filed  with  the  Auditor  for  the  War  Depart- 
nent ;  for  bounty,-  extra  pay,  or  prize  money  for  naval  service,  with 
;he  Auditor  for  the  Navy  Department. 

Applications  for  artificial  limbs  or  mechanical  appliances  should 
}e  filed  with  the  Surgeon  General,  United  States  Army,  War  De- 
sartment. 


service 


ADDENDA. 

(not  indexed.) 

That  any  person  who  served  ninety  days  or  more  in  the  ^9^2^  ^^^  "' 
military  or  naval  service  of  the  United  States  during  the  £no^^°?at  age 
late  Civil  War^  who  has  been  honorably  discharged  ^  g^^f^l^^.^^ 
therefrom,  and  who  has  reached  the  age  of  sixty -two 
years  or  over,  shall,  upon  making  proof  of  such  facts, 
according  to  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  provide,  be  placed  upon  the  pension 
roll  and  be  entitled  to  receive  a  pension  as  follows:  In 
case  such  person  has  reached  the  age  of  sixty-two  years 
and  served  ninety  days,  thirteen  dollars  per  month;  six 
months,  thirteen  dollars  and  fifty  cents  per  month;  one 
year,  fourteen  dollars  per  month;  one  and  a  half  years, 
fourteen  dollars  and  fifty  cents  per  month;  two  years, 
fifteen  dollars  per  month;  two  and  a  half  years,  fifteen 
dollars  and  fifty  cents  per  month;  three  years  or  over, 
sixteen  dollars  per  month.  In  case  such  person  has  ^**"^g- 
reached  the  age  of  sixty-six  years  and  served  ninety  days, 
fifteen  dollars  per  month ;  six  months,  fifteen  dollars  and 
fifty  cents  per  month;  one  year,  sixteen  dollars  per 
month;  one  and  a  half  years,  sixteen  dollars  and  fifty 
cents  per  month ;  two  years,  seventeen  dollars  per  month ; 
two  and  a  half  years,  eighteen  dollars  per  month;  three 
years  or  over,  nineteen  dollars  per  month.  In  case  such 
person  has  reached  the  age  of  seventy  years  and  served 
ninety  days,  eighteen  dollars  per  month;  six  months, 
nineteen  dollars  per  month ;  one  year,  twenty  dollars  per 
month ;  one  and  a  half  years,  twenty-one  dollars  and  fifty 
cents  per  month;  two  years,  twenty-three  dollars  per 
month;  two  and  a  half  years,  twenty-four  dollars  per 
month ;  three  years  or  over,  twenty-five  dollars  per  month. 
In  case  such  person  has  reached  the  age  of  seventy-five 
years  and  served  ninety  days,  twenty- one  dollars  per 
month ;  six  months,  twenty-two  dollars  and  fifty  cents  per 
month ;  one  year,  twenty-four  dollars  per  month ;  one  and 
a  half  years,  twenty-seven  dollars  per  month ;  two  years 
or  over,  thirty  dollars  per  month.    That  any  person  who 

73814°— 13 15  207 


208  ARMY  AND  NAVY  PENSIONS. 

disabiut^f^  ^<"^  served  in  the  military  or  naval  service  of  the  United 
States  during  the  Civil  War  and  received  an  honorable 
discharge,  and  who  was  wounded  in  battle  or  in  line  of 
duty  and  is  now  unfit  for  manual  labor  by  reason  thereof, 
or  who  from  disease  or  other  causes  incurred  in  line  of 
duty  resulting  in  his  disability  is  now  unable  to  perf  oni) 
manual  labor,  shall  be  paid  the  maximum  pension  undei 
this  Act,  to  wit,  thirty  dollars  per  month,  without  regard 
to  length  of  service  or  age. 

Me  °c^w2  ^°  That  any  person  who  has  served  sixty  days  or  more  ir 
the  military  or  naval  service  of  the  United  States  in  th( 
War  with  Mexico  and  has  been  honorably  dischargee 
therefrom,  shall,  upon  making  like  proof  of  such  service 
be  entitled  to  receive  a  pension  of  thirty  dollars  pei 
month. 

mS?im?it.**™"     ^11  ^^  ^^^  aforesaid  pensions  shall  commence  from  the 

date  of  filing  of  the  applications  in  the  Bureau  of  Pen 

p?e^se^^t  pen- sions  after  the  passage  and  approval  of  this  Act:  Pro 

puc^ts  entitled!  vided^  That  pensioners  who  are  sixty-two  years  of  age  o: 
over,  and  who  are  now  receiving  pensions  under  existing 
laws,  or  whose  claims  are  pending  in  the  Bureau  of  Pen 
sions,  may,  by  application  to  the  Commissioner  of  Pen 
sions,  in  such  form  as  he  may  prescribe,  receive  the  bene 
fits  of  this  Act;  and  nothing  herein  contained  shal 
prevent  any  pensioner  or  person  entitled  to  a  pension  fron 
prosecuting  his  claim  and  receiving  a  pension  under  an; 

sion?"roWbSS'^^^^^  general  or  special  Act:  Provided^  That  no  persoj 
shall  receive  a  pension  under  any  other  law  at  the  sam 
time  or  for  the  same  period  that  he  is  receiving  a  pensioj 
Restriction,  under  the  provisions  of  this  Act :  Provided  further^  Tha 
no  person  who  is  now  receiving  or  shall  hereafter  receiv 
a  greater  pension,  under  any  other  general  or  special  la\^ 
than  he  would  be  entitled  to  receive  under  the  provision 
herein  shall  be  pensionable  under  this  Act. 
Sec  2  Id.  Sec.  2.  That  rank  in  the  service  shall  not  be  considere 

Rank  in  service  .  .  f>^     i  ^ 

not  considered,    m  applications  filed  hereunder. 

A  ^enVn  ^^^*  ^*  ^^^^  ^^  peusiou  attorney,  claim  agent,  or  othe 

^t^ied  to  compen-  persou  shall  be  entitled  to  receive  any  compensation  fc  ' 
services  rendered  in  presenting  any  claim  to  the  Burea 
of  Pensions,  or  securing  any  pension,  under  this  Act,  es 
cept  in  applications  for  original  pension  by  persons  wh  i 
have  not  heretofore  received  a  pension. 
Sec.  4,  id.  Sec.  4.  That  the  benefits  of  this  Act  shall  include  an 

person  who  served  during  the  late  Civil  War,  or  in  th  i 


I 


ADDENDA.  209 


War  with  Mexico,  and  Avho  is  now  or  may  hereafter  be-  teSSJtJ'^lrtS 
come  entitled  to  pension  under  the  Acts  of  June  twenty-  g^?J  ^^  ^®°®fi- 
seventh,  eighteen  hundred  and  ninety,  February  fifteenth, 
eighteen  hundred  and  ninety-five,  and  the  joint  resolu- 
tions of  July  first,  nineteen  hundred  and  two,  and  June 
twenty-eighth,  nineteen  hundred  and  six,  or  the  Acts  of 
January  twenty-ninth,  eighteen  hundred  and  eighty- 
seven,  March  third,  eighteen  hundred  and  ninety-one,  and 
February  seventeenth,  eighteen  hundred  and  ninety- 
seven. 

Sec.  5.  That  it  shall  be  the  duty  of  the  Commissioner    ^ec.  5,  id. 

.  T        •  ^  •  Commissioner 

of  Pensions,  as  each  application  for  pension  under  this^o  j^^E  record 

.         .         T     T.  ,  and     furnish 

Act  IS  adjudicated,  to  cause  to  be  kept  a  record  showing  copies, 
the  name  and  length  of  service  of  each  claimant,  the 
monthly  rate  of  payment  granted  to  or  received  by  him, 
and  the  county  and  State  of  his  residence;  and  shall  at 
the  end  of  the  fiscal  year  nineteen  hundred  and  fourteen 
tabulate  the  record  so  obtained  by  States  and  counties, 
and  shall  furnish  certified  copies  thereof  upon  demand 
and  the  payment  of  such  fee  therefor  as  is  provided  by  Fee. 
law  for  certified  copies  of  records  in  the  executive  de- 
partments. 

*  *  *  For  salary  of  one  disbursing  clerk  for  the  ^g^ct  ^Aug.  17, 
payment  of  pensions,  to  be  selected  and  appointed  by  the ^,^)sbu^: sing 
Secretarv  of  the  Interior,  at  the  rate  of  four  thousand  ™«°M^  p®°^°^^ 

^  .  '  created. 

dollars  per  annum,  during  the  last  ^ve  months  of  the 
fiscal  year  nineteen  hundred  and  thirteen,  one  thousand 
six  hundred  and  sixty-six  dollars  and  sixty-seven  cents; 
and  from  and  after  the  thirty-first  day  of  January,  nine- 
teen hundred  and  thirteen,  there  shall  be  one  disbursing 
clerk  in  the  Bureau  of  Pensions  to  be  appointed  as  afore- 
said and  who  shall  receive  a  salary  at  the  rate  of  four 
thousand  dollars  per  annum ;  and  section  forty-seven  Pension  agents 
hundred  and  seventy-eight  of  the  Revised  Statutes  of  the  aboiithe^d" iter 
United  States  authorizing  the  appointment  of  agents  for  '  ' 
the  payment  of  pensions,  and  section  forty-seven  hundred 
and  eighty  of  the  Revised  Statutes  of  the  United  States, 
authorizing  the  establishment  of  agencies  by  the  Presi- 
dent of  the  United  States  are  hereby  repealed  to  take 
effect  from  and  after  the  thirty-first  day  of  January, 
nineteen  hundred  and  thirteen,  and  the  existing  pension 
agencies  are  abolished  from  and  after  said  date. 

For  clerk  hire,  and  other  services,  at  eighteen  pension    For  clerk  hire 

1       •  ji        n      .  .^  i.   ,1        /^        T  and  consolidat- 

agencies  during  the  first  seven  months  of  the  fiscal  year  ing  agencies. 


210  ARMY  AND   NAVY  PENSIONS. 

nineteen  hundred  and  thirteen  and  in  the  office  of  the  dis- 
bursing clerk  for  the  payment  of  pensions  during  the  last 
five  months  of  the  fiscal  year  nineteen  hundred  and  thir- 
teen and  including  not  exceeding  ten  thousand  dollars  for 
expenses  of  consolidating  and  removing  records  and 
equipment  of  pension  agencies,  three  hundred  and  seventy - 
five  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
DSIiSd  esti-  s^^y  *  Pi^ovided^  That  estimates  in  detail  shall  be  sub- 
mate  for  1914.  mitted  for  the  fiscal  year  nineteen  hundred  and  fourteen 
and  annually  thereafter  for  clerks  and  others  employed 
in  the  office  of  the  disbursing  clerk  for  the  payment  oi 
pensions  and  the  amounts  to  be  paid  to  each. 

^  •!•  •!•  •«•  •!•  V  *!* 

Sec.  2,  id.  Sec.  2.  That  the  Secretary  of  the  Interior  is  authorizec 

Secretary      to.  .         ^^ 

group  pensioners,  jn  the  payment  of  pensions  to  arrange  the  pensioners  ir 
three  groups  as  he  may  think  proper,  and  may  from  time 
to  time  change  any  pensioner  or  class  of  pensioners  fron 
one  group  to  another  as  he  may  deem  convenient  for  the 
transaction  of  the  public  business. 

mSitef  °^  ^^^'  '^^^  pensioners  in  the  first  group  shall  be  paid  thei: 
quarterly  pensions  on  January  fourth,  April  fourth,  Jub 
fourth,  and  October  fourth  of  each  year;  the  pensioner 
in  the  second  group  shall  be  paid  their  quarterly  pension 
on  February  fourth.  May  fourth,  August  fourth,  an< 
November  fourth  of  each  year;  the  pensioners  in  th 
third  group  shall  be  paid  their  quarterly  pensions  o: 
March  fourth,  June  fourth,  September  fourth,  and  De 
cember  fourth  of  each  year. 
Fractional  pay-     The  Secretarv  of  the  Interior  is  authorized  to  caus 

ments     author-  «        "    •  t       «•  i       j>  •  i 

ized.  payments  of  pension  to  be  made  tor  the  fractional  part 

of  a  quarter  which  may  be  made  necessary  by  the  transfe 
of  a  pensioner  from  one  group  to  another. 
Sec.  3,  id.  Sec.  3.  That  not   later  than  January  first,  ninetee  i 

paid  without  sep- hundred  and  thirteen,  pensions  shall  be  paid  by  chect : 
except.  ^  '  drawn,  under  the  direction  of  the  Secretary  of  the  Ii 
terior,  in  such  form  as  to  protect  the  United  State  i 
against  loss,  without  separate  vouchers  or  receipts,  an  1 
payable  by  the  proper  assistant  treasurer  or  designate  I 
depositary,  except  in  the  case  of  any  pensioner  in  whic  i 
the  law  authorizes  the  pension  to  be  paid  to  some  perse  ] 
other  than  the  pensioner,  or  in  which  the  Secretary  <  i 
the  Interior  may  consider  a  voucher  necessary  for  tl  e 
chec^  to  jbe  protection   of  the   Grovernment.     Such  checks   shall  1  e 

transmitted     by  ■•^  <«     j  i  •     i      j  i 

mail-  transmitted  by  mail  to  the  payee  thereof  at  his  last  kn 

address. 


t  KnoB 


ADDENDA.  211 

That  postmasters,  delivery  clerks,  letter  carriers,  andpj^|^^^®p^j.Jj^jg[ 
all  other  postal  employees  are  prohibited  from  delivering ^*^^  ^°  ^^^^^^ 
any  such  mail  to  any  person  whomsoever,  if  the  addressee 
has  died  or  removed,  or  in  the  case  of  a  widow  believed 
by  the  postal  employee  intrusted  with  the  delivery  of  such 
mail  to  have  remarried;  and  the  postmaster  in  every  such 
case  shall  forthwith  return  such  mail  with  a  statement  of 
the  reasons  for  so  doing,  and  if  because  of  death  or  re- 
marriage, the  date  thereof,  if  known.     Checks  returned  as    Checks  to  be 
herein  provided  on  account  of  the  death  or  remarriage  ^{gned  and  ean- 
of  the  pensioner  shall  be  canceled. 

Sec.  4.  That  whoever  shall  forge  the  indorsement  of    see.  4  id. 

=>  Forging     m- 

the  person  to  whose  order  any  pension  check  shall  be  ^^orsement,  utter- 
drawn,  or  whoever  with  the  knowledge  that  such  in- 
dorsement is  forged  shall  utter  such  check,  or  whoever, 
by  falsely  personating  such  person,  shall  receive  from  any 
person,  firm,  corporation,  or  officer  or  employee  of  the 
United  States  the  whole  or  any  portion  of  the  amount 
represented  by  such  check,  shall  upon  conviction  be  pun-  Penalty, 
ished  by  a  fine  of  not  more  than  one  thousand  dollars  or 
be  imprisoned  not  more  than  five  years  or  both. 

Sec.  5.  That  in  case  of  sickness  or  unavoidable  absence    see.  5,  id. 
of  the  disbursing  clerk  for  the  payment  of  pensions  from  to  appoint  dis- 
his  office,  the  Commissioner  of  Pensions  may,  with  the  act  temporarily, 
approval  of  the  Secretary  of  the  Interior,  authorize  the 
chief  clerk  of  his  office  or  some  other  clerk  employed 
therein  to  temporarily  act  as  such  disbursing  clerk  for 
payment  of  pensions. 

With  the  approval  of  the  Commissioner  of  Pensions  ^j^^g^  to  sign 
and  the  Secretary  of  the  Interior,  the  disbursing  clerk  for 
the  payment  of  pensions  may  designate  and  authorize  the 
necessary  number  of  clerks  to  sign  the  name  of  the  dis- 
bursing clerk  for  the  payment  of  pensions  to  official 
checks. 

The  disbursing  clerk  shall  give  bond  with  good  and^j^^^^^^jsini 
sufficient  surety  for  such  amount  and  in  such  form  as  bond, 
the  Secretary  of  the  Interior  may  approve,  and  such  bond 
shall  be  held  to  cover  and  apply  to  the  acts  of  the  persons 
authorized  to  act  in  his  place. 

Sec.  6.  That  nothing  in  this  Act  shall  be  construed  as    lay^'gnuo  in- 
amending  or  repealing  that  portion  of  the  sundry  civil  gJJ^|o^j^*^°°|J 
appropriation  Act  for  the  fiscal  year  eighteen  hundred  ^ot  affected, 
and  eighty-three  (Statutes  at  Large,  volume  twenty -two, 
page  three  hundred  and  twenty-two)  concerning  the  pay- 


212  ARMY  AND  NAVY  PENSIONS. 

ment  of  pensions  due  inmates  of  the  National  Home  for 

Disabled  Volunteer  Soldiers. 

1912^*  ^"s-  ^'     That  the  Secretary  of  War  and  the  Secretary  of  the 

wtf '^^nd^secre^  Navy  be,  and  they  are  hereby,  authorized  and  required 

iS  ^Lrtfficatls  *^  issue  certificates  of  discharge  or  orders  of  acceptance  oi 

?ntru?name^^^"'^^^^^^^*^^^>  upon  application  and  proof  of  identity,  ir 

the  true  name  of  such  persons  as  enlisted  or  served  undei 

assumed  names,  while  minors  or  otherwise,  in  the  Arm} 

or  Navy  during  any  war  between  the  United  States  anc 

any  other  nation  or  people  and  were  honorably  dischargee 

therefrom.     Applications    for   said   certificates    of    dis 

charge  or  amended  orders  of  resignation  may  be  made  bj 

Exception.       or  ou  behalf  of  persons  entitled  to  them,  but  no  sucl 

certificate  or  order  shall  be  issued  where  a  name  was  as 

sumed  to  cover  a  crime  or  to  avoid  its  consequence. 


INDEX. 


A. 

Abandonment  :  Page. 

By  widow,  of  minor  child  or  children  forfeits  pension.     Section  4706,  Revised 

Statutes 67 

By  widow,  of  minor  child  or  children,  how  established.    Section  4706,  Revised 

Statutes 67 

Accepting  voluntary  services  prohibited: 

Penalty.    Act  of  February  27,  1906 176 

Accessories,  punishment  op  : 

Section  333,  Criminal  Code 181 

Account  stated : 

In  favor  of  owner  of  lost,  etc.,  check,  when  made.     Act  of  February  23,  1909, 

amending  section  3647,  Revised  Statutes 117, 118 

Accrued  pension  : 

Attorney  fee,  in  claims  for 93, 102 

Beneficiaries.    Act  of  March  2,  1895 130 

Claim  for,  must  be  accompanied  by  explanation  and  evidence  of  continuance, 

when.     Section  4719,  Revised  Statutes 131 

Due  inmate  of  the  National  Home  for  Disabled  Volunteer  Soldiers,  at  death, 
how  disposed   of.     Acts   February   26,    1881,   August   7,    1882,   and   June 

25,  1910 123, 124 

Due  inmate  of  the  Soldiers'  Home,  Washington,  D.  C.    Act  March  3,  1883 122 

On  death  of  inmates  of  the  Government  Hospital  for  the  Insane,  disposition  of. 

Acts  February  20,  1905,  June  30,  1906,  and  February  2,  1909 127, 128 

Not  assets  of  estate.    Act  March  2,  1895 130 

Regulations  and  instructions  relative  to  claims  for 202 

Acknowledgments  : 

May  be  made  before  United   States   Commissioners.     Section   1778,   Revised 

Statutes 82 

Acting  assistant  surgeon  : 

Pensionable  status  of.     Section  4693,  Revised  Statutes 33 

Actions  : 

{See  Suits.) 

Adjutant  General,  United  States  Army  : 

Application  for  certificate  in  lieu  of  lost  discharge  to  be  made  to 205 

Adulterous  cohabitation,  open  and  notorious  : 

Of  widow,  terminates  pension.     Act  August  7,  1882  (sec.  2) 62 

Affidavits  : 

Certain  informalities  corrected.     Act  July  26,  1892  (sec.  3) 82 

Executed  in  foreign  countries,  how.    Act  July  26,  1892  (sec.  2) 81 

Execution  of,  in  pension  claims.     Act  July  26,  1902 81 

Regulations  and  instructions  governing 183,  203 

False  or  fraudulent,  making  or  presenting  ;  penalty.    Act  July  7,  1898 159 

Special  examiners  may  take.     Act  July  25,  1882 4 

Taking  of  by  pension  agents  or  their  clerks,  abolished.    Act  March  3,  1896 115 

Age  : 

Made  a  permanent  specific  disability.    Act  March  4,  1907 50 

Pensions  based  on  attained — 

Act  January  29,  1887  (sec.  1) 24 

Act  February  6,  1907  (sec.  1) 27,49 

Agents  and  attorneys  : 

Articles  of  agreement.     (See  Articles  of  agreement.) 

Certain  persons  not  to  act  as.     Section  190,  Revised  Statutes 84 

Declaration  or  aflldavit,  executed  before,  effect  on  attorneyship  rights 203,  204 

False  demand  on  fraudulent  power  of  attorney ;  penalty.     Section  34,  Crimi- 
nal Code- 177 

213 


214  INDEX. 


1 


Agents  and  attorneys — Continued.  Page. 

Fee  contracts  made  prior  to  passage  of  act  null  and  void — 

Act  June  27,   1902 22,92 

Act  May  30,  1908 23,92 

Fees  allowed,  when — 

Act  July  4,  1884   (sees.  3  and  4) 86,173 

Act  June  27,  1890    (sec.  4) 46,91,173 

Act  March  3,  1891 89 

Act  April  19,  1908   (sec.  3) 65,91,174 

Fees  of,  to  be  paid  only  on  order  of  Commissioner  of  Pensions — 

Act  July  4,  1884  (sec.  3) 86,173 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  April  19,  1908   (sec.  3) 65,91,174 

Fees,  table  of 92 

Form  of  oath  required.     Section  1757,  Revised  Statutes 85 

Illegal  fee  ;  penalty — 

Section  5485,  Revised  Statutes 172 

Act  July  4,  1884  (sec.  4) 88,173 

Act  June  27,   1890   (sec.  4) 46,90,173 

Act  March  3,  1891 89,174 

Act  August  5,   1892    (sec.  2) 41,91,175 

Act  April  19,  1908   (sec.  3) 65,91,174 

Act  May   28,    1908 90, 175 

No  fee  allowed,  when — 

Act  January  25,  1879   (sec.  4) 59 

Act  July  4,  1884   (sec.  4) 87,91 

Act  March  19,  1886   (sec.  2) 62,91 

Act  August  5,   1892   (sec.   2) 41,91,175 

Act  March  3,  1901   (sec.  2) 71,91 

Act  February  28,  1903  (sec.  3) 73,92 

Act  February  6,  1907   (sec.  3) 28,50,92 

Act  May  28,   1908 90, 175 

Notaries  public  in  District  of  Columbia  not  prohibited  from  practicing  before 
departments — 

Act  June  29,   1906 84 

Not  recognized,  when — 

Act  March  19,  1886 62,91 

Act  April  19,  1908   (sec.  3) 65,91,174 

Not  to  withhold  or  retain  discharge  papers  or  land  warrants ;  penalty.     Act 

May  21,   1872 172 

Oath  of  allegiance — 

Form  of.     Section  1757,  Revised  Statutes 85 

Required  of.     Section  3478,   Revised   Statutes 84 

Who  may  administer.     Section  3479,  Revised  Statutes 85 

Penalty — 

For  exacting   or   accepting  fee   for   securing  pension   by   special   act  of 

Congress.     Act  May  28,  1908 90,  175 

For  unlawfully  withholding  pension.     Act  June  27,  1890  (sec.  4) 46,90,  173 

For  violating  act  relating  to  fees.    Act  July  4,  1884  (sec.  4) 88, 173 

Postage  to,  limited 94,97 

Power  of  attorney  to,  not  recognized  in  paying  foreign  pensions.     Act  March 

14,    1898 121 

Required  to  take  oath  of  allegiance.     Section  3478,  Revised  Statutes 84 

Rights  of  parties  under  contracts  in  cases  pending  July  4,  1884,  not  abridged. 

Act  July  4,  1884   (sec.  1) 88 

Rules  of  practice  before  the  Bureau  of  Pensions 94 

Secretary  of  the  Interior  may  prescribe  rules  and  regulations  governing  recog- 
nition of.     Act  July  4,  1884   (sec.  5) 89 

Secretary  of  the  Interior  may  suspend  or  disbar,  when.     Act  July  4,  1884 

(sec.  5) 89 

To   be  notified   on   issue   of   certificate  of   pension.      Section  4748,    Revised 

Statutes 79,  80 

Wrongfully    withholding    part    of    pension;    penalty.      Act    April    19,    1908 

(sec.  3) 65,  91, 174 

Aid  and  attendance  : 

Frequent  and  periodical  and  regular;  rates 149 


INDEX.  215 

Amputations:  Page. 

Tables  of  rates,  Nos.  2  and  3 149,  150 

Appeal  : 

Bond,  not  required  of  the  United  States  or  District  of  Columbia.     Act  June 

9, 1910 156 

From  special  medical  examinations.     Section  4775,  Revised  Statutes 110 

Rules  of  practice  on 103 

*  Application  : 

For  artificial  limbs  and  surgical  appliances,  to  whom  made 205 

For  back  pay,  extra  pay,  bounty  money,  or  prize  money,  with  whom  filed 205 

For  certificate  of  service  in  lieu  of  lost  discharge,  with  whom  filed 205 

For  membership  in  the  National  Home  for  Disabled  Volunteer  Soldiers,  to  con- 
tain notice  of  contract  as  to  disposition  of  property  at  death.      Act  June 

25,    1910 124 

For  navy  service  pension.      Sections  4756  and  4757,  Revised  Statutes 76,  77 

For  reimbursement  to  be  made  to  Commissioner  of  Pensions.      Act  March 

4,    1909 131 

For    removal   of   charge   of   desertion   from    Navy   or   Marine   Corps,    to   be 

made  to  Secretary  of  Navy.      Act  August  14,  1888 139, 141 

For  removal  of  charge  of  desertion,  Mexican  and  Civil  Wars,  to  be  made  to 

Secretary  of  War.    Act  March  2,  1889 141, 144 

Appropriations  : 

Expenditures  in  excess  of,  forbidden  ;  penalty.    Act  February  27,  1906 176 

Arm  : 

Loss  of  (see  Table  of  rates  No.  2) 149 

Army  and  Navy  : 

Certificate  of  commissioned  oflacer  In,  accepted  without  being  sworn  to 204 

Officers  and  men  on  active  or  retired  list  not  entitled  to  pension.    Acts  August 

29,  1890,  and  March  3,  1891 133, 134 

Prior  disloyalty  not  a  bar  to  pension  for  disabilities  incurred  while  serving 

in.     Act  August  1,  1892 135 

Reentry  into,  terminates  pension.     Section  4724,  Revised  Statutes 136 

Volunteer    officers    (Army),    remuster,    pay,    pensions;    exception.     Act    Feb- 
ruary  24,    1897 44 

Army  nurses : 

Attorney  fee ;  none  allowed ;   penalty  for  demandhig.     Act  August  5,   1892 

(sec.    2) 41,91, 175 

Claims  of ;  regulations  and  instructions  relative  to 195 

In  War  of  Rebellion,  entitled  to  pension  ;  rate.     Act  August  5,  1892  (sec.  1)—         41 
Arrears  : 

Of  pension  or  increase ;  no  fee  in  claims  for.     Act  July  4,  1884  (sec.  4) 87,  91 

Pensions  of  persons  in,  not  to  be  withheld.     Section  4784,  Revised  Statutes—       137 
Arrest  : 

Right  of,  In  suits  under  section  8490,  Revised  Statutes 158 

Articles  of  agreement  : 

Amount  of  fee  to  be  stipulated  in.     Act  July  4,  1884  (sec.  4) 1 86 

Amount  of  fee  to  be  paid  in  absence  of.     Act  July  4,  1884  (sec.  4) 86 

Amount  paid  attorney  prior  to  execution  of,  to  be  stipulated  In,   otherwise 
articles  of  agreement  to  be  disregarded,  and  such  amount  to  be  deducted 

from  fee  allowed  by  law.     Act  July  4,  1884  (sec.  4) 88 

Commissioner  of  Pensions  to  transmit  one  of,  with  certificate  of  pension,  to 

pension  agent.     Section  4768,  Revised  Statutes 85 

Duty  of  pension  agent  upon  receipt  of.     Section  4769,  Revised  Statutes 85 

Form  of.     Act  July  4,  1884   (sec.  4) 87 

May  be  rejected  by  Commissioner  of  Pensions.     Act  July  4,  1884  (sec.  6) 89 

Null  and  void  in  certain  Indian  war  service-pension  claims.     Acts  June  27, 

1902,  and  May  30,  1908 22,23 

Recognized  in  certain  claims  only.     Act  July  4,  1884  (sec.  4) 87 

Should  be  in  duplicate.     Act  July  4,  1884   (sec.  4) 86,91,173 

Artificial  limbs  and  mechanical  appliances  : 

Applications  for,  to  be  made  to  Surgeon  General,  United  States  Army 205 

Ashuelqt  : 

Twelve  months'  pay  allowed  to  widows,  minor  children,  and  dependent  parents 
of  men  lost  in  wreck  of,  to  be  deducted  from  pensions  of.     Act  January 

29,  1887    (sec.  2) 70 

Attachment  : 

Pension  not  liable  to.     Section  4747,  Revised  Statutes 131 


216  INDEX. 


I 


Attorney  General  :  Page 

To    furnish    professional    assistance    on    application.     Section    187,    Revised 

Statutes t 

Attorneys  : 

(See  Agents  and  attorneys.) 
Auditor  for  Navy  Department  : 

Applications  for  bounty,  extra  pay,  or  prize  money  to  be  made  to 201 

Auditor  for  War  Department  : 

Applications  for  back  pay,  extra  pay,  and  bounty  to  be  made  to 20i 

Authority  : 

To  increase  or  reduce  a  pension,  reserved  in  the  Commissioner  of  Pensions. 

Act  June  21,   1879    (sec.    3) 11. 

To  publish  printed  forms.     Section  4748,  Revised  Statutes 7 

Auxiliary  naval  force  : 

Organization  of.     Joint  resolution  May  26,  1898 3 

a. 

Back  pay,  extra,  pay,  and  bounty: 

Applications  for,  to  be  made  to  Auditor  for  War  Department,   if  for  Army 

service . 20 

Beaty's  scouts  and  guides  : 

Pensionable  status  of.    Act  June  14,  1870 4 

Biennial  examinations  : 

Abolished.     Act  June  21,  1879   (sec.  3) 11 

Birth  : 

Date  of,  how  proved 19 

Blank  forms  : 

For  declaration,  to  be  furnished  by  Commissioner  of  Pensions.     Section  4748, 

Revised   Statutes 7 

For  vouchers.   Secretary  of  the  Interior  required  to  furnish.     Section  4767, 

Revised    Statutes 11 

For  vouchers,  to  contain  notice  to  pensioners  that  payment  will  be  made  upon 

no  others.     Section  4767,  Revised  Statutes 11 

Blindness  : 

Tables  of  rates,  Nos.  2  and  3 149,  IE 

Boards  of  examining  surgeons: 

Inspection  of,  by  Commissioner  of  Pensions.    Act  of  August  8.  1882 

{See  also  Surgeon.) 
Bond  : 

Appeal,  not  required  of  United  States  or  District  of  Columbia.     Act  June  9, 

1910 11 

Bids  or  public  records,  penalty  for  forging.     Section  28,  Criminal  Code 1( 

Disbursing  officer  may  require  of  substitute.     Act  March  4,  1909 

Of  disbursing  officer  liable  for  acts  of  substitute.    Act  March  4,  1909 

Officer  designated  to  fill  temporarily  vacancy  in  pension  agency  may  be  re- 
quired to  give.     Act  March  8,  1878 13 

Of  pension  agents,  form  of,  to  be  approved  by  Secretary  of  the  Interior.     Sec- 
tion 4779,   Revised  Statutes l: 

Of  pension  agents,  to  cover  acts  of  clerk  designated  to  sign  name  of,  to  official 

checks.     Act  June  30,   1890 1: 

Pension  agents  required  to  give.     Section  4779,  Revised  Statutes i: 

Required  upon  issue  of  duplicate  check.     Act  February  23,-1909,  amending 

Section  3646,  Revised   Statutes 117,  i: 

Bounty : 

Receipt  of,  when  a  bar  to  pension.     Joint  resolutions,  July  1,  1902  (sec.  2), 

and  June  28,  1906 1' 

Bounty,  back  pay,  extra  pay  : 

Applications  for,  to  be  made  to  Auditor  for  War  Department,  if  for  Army 

service 2i 

Bounty,  extra  pay,  prize  money  : 

Application  for,  to  be  made  to  Auditor  for  Navy  Department,  If  for  Navy 

service 2i 

Bribe  : 

Acceptance  of  by  judge,  judicial  officer,  or  person  authorized  to  hear,  etc. ; 

penalty.     Section    131,    Criminal   Code 1' 

Acceptance  of,  by  juror,   etc.,  or  person  exercising  judicial   functions.     Sec- 
tion 133,   Criminal  Code 1 

Acceptance  of,  by  witnesses ;  penalty.     Section  134,  Criminal  Code 1 


INDEX.  217 

Bribe — Continued.  Page. 

Member  of  Congress  accepting,  etc.     Section  110,  Criminal  Code 167 

Oflfering,  etc.,  to  Member  of  Congress  ;  penalty.     Section  111,  Criminal  Code —  167 

United  States  officer  accepting;  penalty.     Section  117,  Criminal  Code 169 

Beibert  : 

Of  United  States  officer ;  penalty.     Section  39,  Criminal  Code 166 

Beothers  : 

Pensionable  status  of.     Section  4707,  Revised  Statutes 67 

Regulations  and  instructions  relative  to  claims  of 194 

Bbyson's  Company,  Mounted  Volunteers  : 

Members,  widows,  and  minor  children  entitled  to  pension.     Act  March  1, 1869_  40 

Bureau  of  Pensions  : 

Organization  and  officers.     Chapter  1 1 

Burial  expenses  : 

Reimbursement  for,  when  and  to  whom  made.     Act  March  2,  1895 130 

C. 

Canteen : 

Or  bar,  no  aid  to  be  extended  to  State  or  Territorial  home,  maintaining.    Act 

March  4,  1911 125 

Prohibited   in    National   Home,    Disabled   Volunteer    Soldiers.     Act   March   4, 

1911-'- 125 

Centralia,  Mo.  ; 

Widows,    minors,    and    dependent    relatives    of    soldiers    murdered    at.     Act 
March  4,  1875 63 

Certificate  : 

False,  by  consular  officer ;  penalty.     Section  70,  Criminal  Code 160 

False,  by  person  before  whom  paper  in  pension  claim  is  executed ;  penalty  for 

making.     Act  July  7,  1898 159 

False,  by  public  officer,  etc. ;  penalty.     Section  106,  Criminal  Code 160 

Of  examining   surgeon   to   contain   full   description   of  physical   condition   of 
claimant — 

Act  July  25,  1882  (sec.  4) 110,111 

Act  May  28,  1908 112 

Of  oath,  penalty  for  forging.     Section  1750,  Revised  Statutes 163,  164 

Of  superintendent  of  Government   Hospital  for  the   Insane,   pensions   of  in- 
mates to  be  paid  upon — 

Act  February  20,  1905 127 

Act  February  2,  1909 128 

Certificate  of  discharge  : 

Agents  or  attorneys  not  to  retain,  etc. ;  penalty.     Act  May  21,  1872 172 

Loss  of,  not  a  bar  to  pension — 

Act  March  9,  1878  (sec.  3) 19 

Act  January  29,  1887    (sec.  3) 25 

Act  July  27,  1892   (sec.  3) 21 

Lost  or  destroyed ;  duplicate,  how  obtained.     Section  224,  Revised  Statutes 137 

Not  evidence.     Section  224,  Revised  Statutes 137 

Secretary  of  the  Navy  to  issue,  in  certain  cases — 

Act  August  14,   1888   (sec.  4) 140 

Act  May  24,  1900 . 141 

Secretary  of  War  and  Secretary  of  Navy  to  issue  in  true  name  of  person  serv- 
ing; restriction.     Act  June  25,  1910  (sec.  1) 138 

Secretary  of  War  to  furnish  to  members  of  Missouri  Home  Guards.     Act  May 

15,   1886   138 

Certificate  of  pension  : 

Forwarded  to  pension  agent  for  delivery.     Section  4768,  Revised  Statutes 85 

Retaining  unlawfully.     Act  February  28,  1883,  amending  section  4745,  Revised 

Statutes 175 

Certificate  of  service  : 

Application  for,  to  be  made  to  Adjutant  General,  United  States  Army 205 

Certified  copies  of  papers  : 

How  obtained 205 

Check  : 

Clerk  to  sign  name  of  pension  agent  to.     Act  June  30,  1890 115 

Duplicate,  issue  of.     Act  February  23,   1909 118 

Pension,  mailing  of,  constitutes  payment.     Act  March  2,  1895 130 

To  be  drawn  to  the  order  of  and  mailed  to  each  pensioner.     Section  4765,  Re- 
vised Statutes 117 


218  INDEX. 

Chief  clerk  :  Page, 

Duties  of.     Sections  173  and  174,  Revised  Statutes j 

To  act  as  commissioner,  when.     Section  178,  Revised  Statutes i 

To    administer    oatli    of    office   without    compensation    therefor.     Act    August 

29,   1890 

Citizenship  : 

How  established  In  Indian  War  claims.    Act  Febraary  3,  1893 2.' 

CiviL  service  : 

Bar  to  payment  of  pensions  in  case  of  pensioners  in,  removed.     Act  March 

1,    1879 14' 

Civil  surgeons  : 

Commissioner    of    Pensions    authorized    to    appoint.      Section    4777,    Revised 

Statutes 10! 

Duties  of.     Section  4777,  Revised  Statutes 10! 

Fee  for  examinations.     Section  4777,  Revised  Statutes 10! 

Fees  for  examinations,  how  paid.     Section  4777,  Revised  Statutes 10' 

(See  also  Surgeon.) 
Civil  War  : 

Pensions  based  on  service  in.     Chapters  III  and  IV 31,  6 

Claims  : 

List  of  meritorious  to  be  sent  to  Congress — 

Resolution  May   29,   1830 13 

Regulations  and  instructions  relative  to 18 

Clerks  : 

Detailed  as  special  examiners.     Section  474,  Revised   Statutes,   and  section 

4744,  Revised  Statutes,  as  amended  by  act  July  25,  1882 

Detail  of,  to  congressional  committees.    Joint  resolution  February  1,  1884 13 

Of  pension  agents  to  sign  official  checks.     Act  June  30,  1890 11 

Cohabitation  : 

Adulterous,  terminates  pension  of  widow.    Act  August  7,  1882 € 

Continuous  to  date  of  death,  when  necessary  to  widow's  title.     Act  March  3, 

1899 6 

Colored  and  Indian  soldiers  : 

Legitimacy  of  children,  how  established.     Section  4705,  Revised  Statutes ( 

Marriages,  how  proven.     Section  4705,  Revised  Statutes f 

Colored  persons  in  Army  : 

Borne  on  rolls  as  "  slaves ;  "   pensionable  status  of.     Section  4723,   Revised 

Statutes 2 

Subcooks  of  African  descent.     Act  March  3,  1863  (sec.  10) i 

Commencement  op  pension  : 

Ante-rebellion  claims.     Section  4713,  Revised  Statutes : 

Army  nurses'  claims.     Act  August  5,  1892 4 

Arrears,     Acts  January  25  and  March  3,  1879 58,  f 

Claims  arising  out  of  wreck  of  steamer  Ashuelot,  Act  January  29,  1887 ' 

Claims  arising  out  of  wreck  of  steamer  Jeannette,  Act  January  3,  1887 < 

Claims  arising  out  of  wreck  of  steamer  Maine.     Act  March  30,  1898 ' 

Claims  of  certain  survivors  of  Mexican  and  Civil  Wars.    Act  February  6,  1907_  27, ' 

For  frequent  and  periodical  aid  and  attendance.     Act  July  14,  1892 !  i 

For    permanent    and    specific    disability.      Sections    4697    and    4698,    Revised 

IStatutes 50,  i  I 

For  total  helplessness.     Act  March  4,   1890 !  ; 

Increase,  invalid.     Section  4698]^,  Revised  Statutes i  i 

Increase  on  account  of  minors — 

Section  4703,  Revised  Statutes ■  ' 

Act  June  27,  1890  (sec.  3) 46,'  i 

Act  May  9,  1900 

Act  April  19,  1908 

Increase,  widow,  etc. — 

Act  March  19,  1886 5 

Act  April  19,  1908    (sec.  1) E 

Indian  War  claims.     Act  July  27,  1892 C 

In  rejected,  suspended,  or  dismissed  claims.     Act  March  6,  1896 J 

Mexican  War  claims.     Act  January  29,  1887 i 

Missouri  State  Militia.     Section  4722,  Revised  Statutes c 

Special  act  claims.     Section  4720,  Revised  Statutes 1  ^ 

To  certain  beneficiaries  of  special  legislation,  to  correct  military  service,  en- 
acted during  Sixty-first  Congress.    Joint  resolution  February  27,  1911 1  3 


''f 

< 


IITDEX.  219 

Commencement  of  pension — Continued.  Page. 

To  certain  widows,  whose  deceased  husbands  served  in  Civil  War.     Act  April 

19,  1908    (sec.  2) 65 

To  dependent  relatives.     Section  4707,  Revised  Statutes 67 

To  minor,  where  widow  abandons  same.     Section  4706,  Revised  Statutes 67 

To  remarried  widow.    Acts  March  3,  1901,  and  February  28,  1903 70,  72 

To   survivors,    widows,    minors,    and    dependent   parents.    Civil    War    service. 

Acts  June  27,  1890,  and  May  9,  1900 45,  46,  64,  69 

To  widows  and  minors.     Act  August  7,  1882,  amending  section  4702,  Revised 

Statutes 61 

War  of  1812  claim.    Act  March  9,  1878 18 

Widows'  arrears.     Act  June  7,  1888 62 

Commissioner  of  Pensions  : 

Appointed  by  President.     Section  470,  Revised  Statutes 2 

Attorney  fees  to  be  paid  only  upon  order  of — 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  April  19,  1908  (sec.  3) 65,91,174 

Authority  of,  to  increase  or  reduce  pensions.     Act  June  21,  1879  (sec.  3) 110 

Authorized  to  appoint  board  of  three  examining  surgeons  to  pass  upon  appeals 

from  special  medical  examinations.     Section  4775,  Revised  Statutes 110 

Authorized  to  appoint  civil  surgeons.     Section  4777,  Revised  Statutes 109 

Authorized  to  appoint  surgeons  and  organize  boards  of  surgeons.     Act  July  25, 

1882    (sec.    4) 110 

Authorized  to  cause  payment  of  pension  to  wife  or  guardian  of  children  when 
pensioner  is  Insane  or  imprisoned.  Act  August  8,  1882,  amending  section 
4766,  Revised  Statutes 119 

Authorized  to  detail   clerks  to  investigate  attempts  at  fraud  and  to  aid  In 

prosecuting  persons  implicated.     Section  474,  Revised  Statutes 4 

Authorized  to  detail  clerks  to  specially  examine  into  merits  of  claims  and  to 

aid  in  the  prosecution  of  parties  guilty  of  fraud.     Act  July  25,  1882 4 

Authorized  to  employ  an  expert  to  make  medical  examinations.    Act  July  25, 

1882  (sec.  4) 110,111 

Authorized  to  order  special  medical  examinations.  Section  4775,  Revised 
Statutes 110 

Authorized  to  organize  special  board  of  review.    Act  July  25,  1882  (sec.  4)_  110,  111 

Claims  for  reimbursement,  settlement  of,  under  the  direction  of.     Act  March 

4,    1909 131 

Deputy,  to  discharge  duties  of,   in  case  of  death,  resignation,  absence,  etc. 

Section  472,  Revised  Statutes,  and  act  August  5,  1882 2 

Duties  of.     Section  471,  Revised  Statutes 2 

Inspection  of  pension  agencies  and  boards  of  examining  surgeons  authorized. 
Act  August  8,  1882,  amending  section  4766,  Revised  Statutes 4, 119 

May  apply  to  any  United  States  court  for  subpoena  for  witnesses.     Section 

184,  Revised  Statutes 5 

May  authorize  employment  of  stenographer  by  special  examiner.     Act  July 

25, 1882 4 

May  reject  articles  of  agreement.    Act  July  4,  1884  (sec.  6) 89 

Payments  out  of  Navy  pension  fund  to  be  under  direction  of.     Section  4756, 

Revised   Statutes 76,  77 

Private  secretary  to,  authorized.    Act  March  3,  1905 3 

Salary  of.     Act  March  4,  1911 9 

Questions  of  desertion,  entrance  into  a  home,  necessitous  circumstances,  and 

good  moral  character  to  be  determined  by.    Act  March  3,  1899 120 

Salary  of.  Section  470,  Revised  Statutes.  Act  August  5,  1882,  and  act  March 
4,    1911 2,  9 

To  adopt  rules  and  regulations  for  payment  of  arrears  of  pension.  Act  Janu- 
ary 25,  1879  (sec.  2) 58 

To  furnish  printed  instructions  and  forms  free  of  charge.  Section  4748,  Re- 
vised Statutes 79 

To  inspect,  when  necessary,  pension  agencies  and  medical  examining  boards 

or  surgeons.    Act  August  8,  1882 4 

To  notify  claimant  and  attorney  on  Issue  of  certificate  of  pension.     Section 

4748,  Revised  Statutes 79,  80 

To  suspend  payment  of  pension  under  special  act,  when.  Section  4720,  Re- 
vised   Statutes 134 

To  transmit  certificate  of  pension  and  one  of  articles  of  agreement  to  pen- 
sion agent.     Section  4768,  Revised  Statutes __        85 


220  INDEX. 

COMMISSIONEB,    UNITED    STATES  t  Pag( 

Authorized  to  administer   oaths  and   take  acknowledgments.     Section   1778, 

Revised   Statutes 8 

Required  to  have  an  ofllcial  seal.     Act  June  28,  1906 8 

Commissions  : 

Clerks,  etc.,  not  to  be  detailed  to,  unless  created  by  law.     Act  March  4, 1909_ 

Creation  of,  unless  authorized  by  law,  forbidden.     Act  March  4,  1909 

Congress : 

(See  Member  of  Congress.) 
Conspiracy  : 

Action  for  damages  caused  by — 

Section  1980,   Revised   Statutes 17 

Section  1981,   Revised  Statutes 17 

To  defraud  by  false  claim ;  penalty.     Section  35,  Criminal  Code 11 

To  defraud  the  United  States  ;  penalty.     Section  37,  Criminal  Code 17 

To  prevent  officers  from  performing  duties ;   penalty.     Section   21,   Criminal 

Code !■; 

Constitution  of  the  United  States  : 

Fourteenth  amendment,  political  disabilities  bar  to  Mexican  war  service  pen- 
sion.    Act  January  29,  1887  (sec.  6) 25,1 

Bar  removed.     Act  June  6,  1898 I 

Consular  officer  : 

Authority  in  execution  of  pension  papers.     Act  July  26,  1892  (sec.  2) J 

False  certification  by  ;  penalty.     Section  70,  Criminal  Code K 

Fees  of,  prescribed  by  President.     Act  April  5,  1906  (sec.  7) i 

Notarial   acts   of,   invalid   without   documentary   stamp.     Act  April   5,    1906 

(sec.  10) } 

Required  to  affix  official  stamps  to  documents  requiring  notarial,  etc.,  acts. 

Act  April  5,  1906   (sec.  10) } 

Required,  upon  application,  to  perform  notarial  acts  within  limits  of  his  con- 
sulate.    Act  April  5,  1906  (sec.  7) } 

Contracts : 

With  attorneys,  null  and  void — 

Act  June  27,   1902 22, '. 

Act   May   30,    1908 23,; 

Contract  surgeons  : 

Pensionable  status.     Section  4693,  Revised  Statutes 

Cooks : 

Privates   to   be   detailed   as,   for   each   of  whom   two   undercooks   of   African 

descent  may  be  enlisted.    Act  March  3,  1863  (sees.  9  and  10) 

Copies  or  originals  of  papers  : 

Regulations  and  instructions  relative  to  obtaining 2 

Corporations  : 

State  or  municipal,  not  entitled  to  reimbursement  for  expenses  of  last  sick- 
ness, etc.     Act  March  3,  1905 

Costs : 

In  suits  under  section  3490,  Revised  Statutes,  by  whom  paid.     Section  3493, 

Revised    Statutes 

Counterfeit  obligations  : 

Penalty  for  failure  to  deliver.     Section  172,  Criminal  Code 

To  be  forfeited.     Section  172,  Criminal  Code 

Court  of  Claims  . 

Entitled  to  hiformation,  etc.,  from  executive  departments,  etc.     Section  164, 

Judicial   Code 

Courts,  district  : 

Jurisdiction  of.    Section  24,  Judicial  Code 

Courts,  United  States  : 

Immunity  of  witnesses,  etc.,  statute  granting,  repealed.     Act  May  7,  1910 

Crimes  : 

Bribery  of  judges,  judicial  officer,  or  person  authorized  to  hear ;  penalty.     Sec- 
tion 131,  Criminal  Code 

Bribery  of  United  States  officer ;  penalty.     Section  39,  Criminal  Code 

Buying,  etc.,  forged  securities  ;  penalty.     Section  154,  Criminal  Code 

Conspiracy  to  commit  an  offense  against  or  to  defraud  the  United  States ;  pen- 
alty.    Section  37,  Criminal  Code 

Conspiracy  to  obtain  allowance  of  false  or  fraudulent  claim  ;  penalty.     Section 
35,  Criminal  Code 


INDEX.  221 

Crimes — Continued.  Page. 
Conspiracy  to  prevent  officer  from  performing  duties ;  penalty.     Section  21, 

Criminal  Code 170 

Destroying,  etc.,  public  records ;  penalty.     Section  128,  Criminal  Code 180 

Destroying,   etc.,  public  records  by  officer  in   charge ;  penalty.     Section  129, 

Criminal   Code 180 

Extortion-s— 

By  United  States  officer.     Section  85,  Criminal  Code 180 

By  informer.     Section  145,  Criminal  Code 181 

Embezzlement  by  guardian  ;  penalty.     Act  February  10,  1891,  amending  sec- 
tions 4783  and  5486,  Revised  Statutes 178 

Embezzling  public  moneys,  etc. ;  penalty.     Section  47,  Criminal  Code 179 

Expenditures  in  excess  of  appropriations ;  penalty.     Act  February  27,  1906, 

amending  section  3679,  Revised  Statutes 176 

Failure  of  o^cer  to  render  account ;  penalty.     Section  90,  Criminal  Code 178 

Failure  or  refusal  to  surrender  counterfeit  obligations,  etc. ;  penalty.     Section 

172,  Criminal  Code 163 

False  acknowledgments,  etc.,  by  officer ;  penalty.     Section  31,  Criminal  Code 160 

False  and  fraudulent  affidavits,  etc.,   making  and  presenting ;   penalty.     Act 

July  7,  1898 1 159 

False  certificates  by  public  officers ;  penalty.     Section  106,  Criminal  Code 160 

False  certification  by  consular  officer ;  penalty.     Section  70,  Criminal  Code 160 

False  certification  by  executing  officer  ;  penalty.     Act  July  7,  1898 160 

False  claim  ;  penalty.     Section  35,  Criminal  Code 157 

False  demand  on  fraudulent  power  of  attorney ;  penalty.     Section  34,  Criminal 

Code 177 

False  entries  in  records  ;  penalty.    Act  March  4,  1911 160 

False  oath  deemed  perjury — 

Act  March  9,  1878   (sec.  3) 164 

Act  January  29,  1887  (sec.  3) 165 

Act  July  27,   1892    (sec.   3) 165 

False  personation  of  pensioner,  etc. ;  penalty.     Section  33,  Criminal  Code 177 

False   personation   of  United    States   officer ;    penalty.      Section   32,   Criminal 

Code 177 

False  reports  by  United  States  officers  ;  penalty.    Act  March  4,  1911 161 

Fees,  illegal,  agents  or  attorneys  taking ;  penalty — 

Section  5485,   Revised   Statutes 172 

Act  July  4,  1884   (sec.  4) 88,173 

Act  June  27,  1890    (sec.  4) 46,90,173 

Act  March  3,  1891 89,  174 

Act  August  5,   1892    (sec.  2) 41,91,175 

Act  April  19,  1908   (sec.  3) 65,91,174 

Act  May  28,  1908 90,  175 

Fees,  illegal.  United  States  pension  agent  taking ;  penalty.     Section  108,  Crim- 
inal Code 175 

Forging  bond,   public  record,  affidavit,  etc. ;   penalty.     Section  28,   Criminal 

Code 161 

Forging  deed,  power  of  attorney,  etc. ;  penalty.     Section  29,  Criminal  Code 161 

Forging,   etc.,    consular   seal   or  signature ;   penalty.     Section   1750,    Revised 

Statutes 164 

Forging,  etc.,  United  States  securities ;  penalty.     Section  148,  Criminal  Code-  162 

Having  forged  papers,  etc.,  in  possession  ;  penalty.     Section  30,  Criminal  Code_  162 
Juror  or  person  authorized  to  hear,  etc.,  accepting  bribe ;  penalty.     Section 

133,  Criminal  Code 169 

Member  of  Congress  accepting,  etc.,  bribe ;  penalty.  .  Section  110,  Criminal 

Code 167 

Member  of  Congress,  offering  bribes  to ;  penalty.     Section  111,  Criminal  Code_  167 
Member  of  Congress,   offering   consideration   to,   for  procuring,   etc.,   officers, 

etc. ;  penalty.     Section  112,  Criminal  Code 168 

Member   of  Congress   taking  compensation   In   matters   to  which   the   United 

States  are  parties ;  penalty.     Section  113,  Criminal  Code 168 

Member  of   Congress  taking  consideration   for  procuring,   etc.,  officers,   etc. ; 

penalty.     Section  112,  Criminal  Code 168 

Officer  Interested  as  agent  or  attorney  In  claim  against  the  United  States ; 

penalty.     Section  109,  Criminal  Code 166 

Passing,  etc.,  forged,  etc.,  obligations  of  the  United  States ;  penalty.     Section 

151,   Criminal   Code 162 


222  IITDEX, 

Ceimbs — Continued.  Pag. 

Perjury;  penalty.     Section  125,  Criminal  Code 16 

Pledging  pension  certificate  ;  penalty.    Act  February  28, 1883,  amending  section 

4745,   Revised   Statute 17 

Post-dating  voucliers.     Act  July  7,  1898 15 

Receipting  for   larger   sums   than   are   paid ;   penalty.     Section   86,   Criminal 

Code s. 17 

Receiving,  etc.,  stolen  public  property ;  penalty.     Section  48,  Criminal  Code IS 

Receiving  pension  certificate  as  a  pledge.     Act  February  28,  1883,  amending 

Section  4745,   Revised  Statutes 17 

Retaining  discharge  papers,  etc.,  of  discharged  soldier  or  sailor  by  attorney ; 

penalty.     Act  May  21,  1872___ 17 

Retaining  pension  certificates,  etc. ;  penalty.     Act  February  28,  1883,  amend- 
ing Section  4745,  Revised  Statutes 11 

Ro])bGry  of  personal   property   of  the  United  States ;   penalty.     Section  46, 

Criminal    Code Vi 

Subornation  of  perjury  ;  penalty.     Section  126,  Criminal  Code 1( 

United  States  ofllcer  accepting  bribe ;  penalty.     Section  117,  Criminal  Code 1( 

United   States  oflBcer   taking  compensation   in   matters   to   which   the   United 

States  are  parties ;  penalty.     Section  113,  Criminal  Code 1( 

Unlawfully  taking  or  using  papers  in  claim ;  penalty.     Section  40,  Criminal 

Code r 

Unlawful  purchase  of  public  property ;  penalty.     Section  35,  Criminal  Code 1,' 

Uttering,  publishing,  etc.,  forged  bond,  affidavit,  etc. ;  penalty.     Section  28, 

Criminal    Code It 

Uttering,  publishing,  etc.,  forged  deed,  power  of  attorney,  etc. ;  penalty.     Sec- 
tion 29,   Criminal  Code 1' 

Voluntary    service,   accepting;    penalty.     Act   February   27,    1906,   amending 

Section  3679,   Revised   Statutes 1 

Witness  accepting  bribe  ;  penalty.    Section  134,  Criminal  Code ; 1 

Ceiminal  Code: 

Accrued  rights  not  aflfected  by  adoption  of.    Section  342,  Criminal  Code 1 

In  efEect  January  1,  1910.     Section  345,  Criminal  Code 1 

Prosecutions,  etc.,  for  prior  offenses,  how  made.     Section  343,  Criminal  Code.       1 
Statutes  of  limitation  not  affected  by.    Section  344,  Criminal  Code 1 

D. 

Damages  and  porpeiturb: 

Recovered  under  section  3490,  Revised  Statutes,  one-half  payable  to  party  pre- 
senting suit.     Section  3493,  Revised  Statutes , 1 

Suits  for,  jurisdiction  of.     Section  3491,  Revised  Statutes 1 

Deafness  : 

Rate  for.     Section  4698,  Revised  Statutes,  and  acts  August  27,   1888,  and 

January  15,   1903 51, 

Death  : 

Of  pensioned  Inmates  of  Government  Hospital  for  the  insane,  pension  money 
due,  how  disposed  of — 

Act  June  30,  1906 3 

Act  February  2,   1909 128, 1 

Of  pensioned  inmate  of  the  National  Home  Disabled  Volunteer  Soldiers,  pen- 
sion, how  disposed  of.     Acts  February  26,  1881,  August  7,  1882,  and  June 

25,  1910 123,3  : 

Of  pensioned  inmate  of  Soldiers'  Home,  Washington,  D.  C,  pension  money  due, 

how  disbursed.     Act  March  3,  1883 3  1 

Presumed  from  seven  years'  unexplained  absence.     Act  March  13,  1896 

Declarations  : 

Certain  informalities  corrected.     Act  July  26,  1892  (sec.  3) 

How  executed — 

Section  4714,  Revised  Statutes 

Act  July  1,  1890 

Joint  resolution  September  1,  1890 

Act  July  26,  1892 

In  foreign  countries,  how  executed.     Act  July  26,  1892  (sec.  2) 

In  Indian  claims  may  be  made  before  a  United  States  Indian  agent.    Act  July 

26,  1892  (sec.  2) 81,  i 

Regulations  and  Instructions  relative  to -  i 


i 


I  INDEX.  223 

piOBDS :  Page. 

Penalty  for  forging.     Section  29,  Criminal  Code 161 

Idepartment  of  the  Interior  : 

I        Creation  of.     Section  437,  Revised  Statutes : 1 

I         (See  also  Secretary  of  the  Interior.) 
Department  of  the  Missouri  : 

Officers  and  men  entitled  to  pension,  when.     Act  March  25,  1862  (sec.  2) 38 

Department  of  the  West  : 

Officers  and  men,  entitled  to  pension,  when.     Act  March  25,  1862  (sec.  2) 38 

Departments,  executive  : 

Court  of  Claims  entitled  to  information,  etc.,  from.     Section  164,  Judicial  Code.       155 
Persons  formerly  in,  not  to  prosecute  claims  until  two  years  after  separation 

from  service.     Section  190,  Revised  Statutes 84 

Dependence  : 

Assumption  of,  in  claims  of  dependent  relatives.     Section  4707,  Revised  Stat- 
utes, and  act  June  27,  1890  (sec.  1) 67-69 

Basis  of  title- 
Section  4707,  Revised  Statutes 67 

Act  January  29,  1887 24 

Act  June  27,  1890 46,64,69 

Act  May  9,  1900 48,  64 

Cessation  of,  terminates  pension  in  dependent  parent's  claim 67-69 

How  established,  in  claims  of  dependent  parents.     Act  June  27,  1890  (sec.  1)_         69 
Dependent  relatives  : 

Assumption  of  dependence,  when.     Section  4707,  Revised  Statutes,  and  act 

June  27,  1890  (sec.  1) 67-69 

Brothers  and  sisters,  claims  of.     Regulations  and  instructions  relative  to 194 

Commencement  and  continuance  of  pension  to.     Section  4707,  Revised  Stat- 
utes, and  act  June  27,  1890  (sec.  1) 67-69 

Dependence,  how  established.     Section  4707,  Revised  Statutes,  and  act  June 

27,  1890  (sec.  1) 67-69 

Father,  claim  of.     Regulations  and  instructions  relative  to 194 

Father's  income  to  be  considered  In  determining  title,  when.     Section  4707, 

Revised   Statutes 67 

Marriage  of  dependent  mother  or  sister  terminates  pension.     Section  4708, 

Revised  Statutes,  as  amended  by  act  February  28,  1903 72 

Mother,  claim  of.     Regulations  and  instructions  relative  to 193 

Of  men  lost  In  wreck  of  Ashuelot,  12  months'  pay  to  be  deducted  from  pen- 
sions.    Act  January  29,  1887  (sec.  2) 70 

Of  officers  and  men  lost  in  wreck  of  Jeanne tte,  12  months'  pay  allowed  depend- 
ent relatives  to  be  deducted  from  pensions  of.     Act  January  3, 1887  (sec.  3)_         69 

Pension  allowed  only  during  dependence.     Section  4707,  Revised  Statutes 67,  68 

Regulations  and  instructions  relative  to  claims  of 193 

Succession  of  title  of.     Section  4707,  Revised  Statutes 67,  68 

Deputy  Commissioner  of  Pensions  : 

Appointment  and  duties  of.     Section  472,  Revised  Statutes 2 

Additional,  provided  for.     Act  August  5,  1882 2 

Salaries — 

Act  August  8,  1882 2 

Act  March  4,  1911 9 

Deputy  provost  marshal  : 

Pensionable  status.     Section  4693,   Revised  Statutes 33 

Desertion  : 

Certain  appointed  and  enlisted  men  in  the  Navy  or  Marine  Corps  relieved  from 
the  charge  of ;  conditions — 

Act  August  14,   1888 139 

Act  May  24,  1900 141 

Certain  soldiers  and  sailors  not  to  be  deemed  deserters.     Section  4749,  Re- 
vised  Statutes 138 

Charge  of,  removed  from  the  records  of  certain  Mexican  War  soldiers ;  ex- 
ceptions.    Act  March  2,  1889   (sees.  6  and  7) 143 

Charge  of,  removed  from  the  records  of  certain  volunteer  soldiers.    Act  March 

2,  1889 141 

In  time  of  war,  forfeits  pension.     Act  April  26,  1898  (sec.  6)   and  act  May 

11,    1908 145 

Limitation   as   to   time   of  filing  claim   for   removal   of   charge  of,   removed. 

Act  May  24,  1900  (sec.  2) 141 

73814°— 13 10 


224  INDEX. 

Desertion  (marital)  :  Pag 

Of  wife,  minor  children,  or  permanently  helpless  and  dependent  child,  one-half 

pension  payable  to,  when.     Act  March  3,  1899 U 

Question  of,  to  be  determined  by  Commissioner  of  Pensions.    Act  March  3, 

1899 11 

Regulations  and  instructions  relative  to  claims  for  division  of  pension  based 

on 1{ 

Destroying  public  records  : 

By  anyone.     Section  128,  Criminal  Code 1} 

By  officer  in  charge.     Section  129,  Criminal  Code 1} 

Detail  : 

Of  clerks  from  Department  of  the  Interior  to  the  pension  committees  of  the 
House  of  Representatives,  Secretary  of  the  Interior  to  make.  Joint  resolu- 
tion February  1,  1884 i: 

Of  clerks  to  act  as  special  examiners.     Section  4744,  Revised   Statutes,  as 

amended  by  act  July  25,  1882 

Disabilities  : 

Aggregate  of,  rated  In  claims.     Act  May  9,  1900  (sec.  2) 

Examining  surgeons  to  describe  fully  in  reports.     Act  May  28,  1908 1 

Rates  for  diflPerent.     Tables  of  rates __  148-1 

Disability  : 

Age  made  specific.     Act  March  4,  1907 

By  reason  of  age,  pensionable — 

Act  January  29,  1887    (sec.  1) 

Act  February  6,  1907  (sec.  1) , 27, 

Cessation  of,  terminates  pension — 

Section  4692,  Revised  Statutes 

Act  January  29,  1887  (sec.  2) 

Act  June  27,  1890   (sec.  2) 

Act  May  9,  1900 

Contracted  in  service  and  line  of  duty,  title  to  pension  for.     Section  4693, 

Revised    Statutes 

Contracted   since   July   27,    1868,   when   pensionable.     Section   4694,   Revised 

Statutes  

Contracted  while  in  Confederate  service,  not  pensionable.     Act  January  29, 

1887   (sec.  1) 

In  prosecuting  pension  claims,  removed  in  certain  cases.     Act  March  2,  1889 

(sec.  4) 1 

Disability,  political  : 

Imposed  by  fourteenth  amendment  to  Constitution  (Mexican  War  cases), 
removed.     Act  June  6,  1898 

DiSBANDMBNT  : 

Of  organization,  date  of  termination  of  service.  Section  4701,  Revised 
Statutes 1 

Disbarment  : 

Of  agents  and  attorneys.     Act  July  4,  1884   (sec.  5) 

Secretary  of  Interior  to  pay  expenses  of  securing  and  preparing  testimony 

in  proceedings  for.     Act  March  4,  1911 

Disbursing  officers : 

Bonds  of,  liable  for  acts  of  substitutes.     Act  March  4,  1909  (sec.  8) ( 

May  require  bond  of  substitute,  in  case  of  illness,  etc.     Act  March  4,  1909 

(sec.  8) ( 

Substitutes  authorized  In  case  of  illness,  etc.    Act  March  4,  1909  (sec.  8) ( 

Discharge  certificate. 

{See  Certificate  of  discharge.) 
Discharge,  honorable. 

{See  Honorable  discharge.) 
Disloyalty  : 

Not  a  bar  to  pension,  when — 

Act  March  9,  1878  (sees.  5  and  6) 19,  '. 

Act  January  29,  1887  (sec.  5) 

Act  July  27,  1892   (sec.  6) ,___  : 

District  attorneys  : 

Duty  of,  as  to  cases  under  section  3490,  Revised  Statutes.  Section  3492, 
Revised  Statutes i 


INDEX.  225 

District  courts  :  Page. 
Given  jurisdiction  of  suits  for  forfeiture  and  damages  for  making  false  claims. 

Section  3491,  Revised  Statutes 158 

Jurisdiction  of,  generally.     Section  24,  Judicial  Code 154 

Division  of  pension  : 

Payments  made  to  wife,  children,  etc.,  when.     Act  March  3,  1899 120 

Regulations  and  instructions  relative  to  claims  for 196 

Divorce  : 

From  second  husband  of  remarried  widow,  effect  of,  on  widow's  title.     Acts 

March  3,  1901,  and  February  28,  1903 70-72 

Double  pension  : 

No  person  shall  receive  more  than  one  pension  for  the  same  period — 

Section  4715,  Revised  Statutes 134 

Act  June  27,   1890 46 

Act  May   9,    1900 48 

Act  February   6,   1907 28,49 

Dropping  name  from  pension  roll  : 

By  reason  of  adulterous  cohabitation.    Act  August  7,  1882  (sec.  2) 62 

By  reason  of  dependence  ceasing — 

Section  4707,  Revised  Statutes 67,  68 

Act  June  27,   1890   (sec.   1) 69 

By  reason  of  disability  ceasing — 

Section  4692,  Revised  Statutes 32 

Act  June  27,  1890 45 

Act  May  9,  1900 t 47 

By  reason  of  election  to  take  pension  under  some  other  law.     Section  4715, 

Revised    Statutes . ,  134 

By  reason  of  failure  to  claim  pension.     Section  4719,  Revised  Statutes 131 

By  reason  of  forfeiture  to  minor  by  immoral  conduct.     Section  4706,  Revised 

Statutes 67 

By  reason  of  fraud  in  securing  pension — 

Act  March  9,  1878  (sec.  3) 59 

Act  January  29,  1887    (sec.  3) 68 

Act  July  27,  1892   (sec.  3) 65 

By  reason  of  marriage  of  pensioner — 

Section  1656,  Revised  Statutes 16 

Section  4702,  Revised  Statutes,  as  amended  by  act  August  7,  1882 62 

Section  4708,  Revised  Statutes 70 

Section  4726,   Revised   Statutes 17 

Section  4729,   Revised   Statutes! 15 

Act  March  19,  1878   (sec.  2) 19 

Act  June  27,  1890   (sec.  3) 46,64 

Act  May  9,  1900 48,  64 

Act  April  19,  1908  (sec.  2) 65 

By  reason  of  minority  ceasing — 

Section  4766,  Revised  Statutes 17 

Act  August  7,  1882  (sec.  1)  amending  section  4702,  Revised  Statutes 62 

ict  June  27,  1890    (sec.  3) 46,64 

Act  May   9,    1900 48,  64 

By  reason  of  negativing  presumption  of  death.     Act  March  13,  1896 73 

By  reason  of  reentry  into  military  or  naval  service.     Section  4724,  Revised 

Statutes 136 

Commissioner  of  Pensions,  authority  and  duties  of,  in  respect  to — 

Act  June  21,  1879   (sec.  3) 110 

Act  December  21,  1893 137 

Of  minor  or  helpless  child  when  remarried  widow  is  granted  a  renewal  of 

pension,  when.    Acts  March  3,  1901,  and  February  28,  1903 71,  72 

Procedure  where  pension  by  special  act  is  secured  through  fraud.     Section 

4720,  Revised  Statutes '^  134 

Duplicate  checks  : 

Secretary  of  the  Treasury  may  authorize  issue  of,  when.     Act  February  23, 

1909,  amending  section  3646,  Revised  Statutes 117,  H8 

When    officer    issuing   original    is    dead,    procedure.     Act    February    23,    1909, 
amending  section  3647,  Revised  Statutes 117,  us 


226  INDEX. 

Election:  '         .  Page. 

Between    pensions    under    different    acts    permitted.     Section    4715,    Revised 

Statutes 134 

Embezzlement  : 

By  guardian,  of  pension  money.     Act  February  10,  1891 178 

Evidence  of  conversion,  wliat  constitutes.     Section  95,  Criminal  Code 179 

Failure  of  officer  to  render  accounts,  constitutes.     Section  90,  Criminal  Code 178 

Of  property  of  the  United  States.     Section  47,  Criminal  Code 179 

Prima  facie  evidence  of.     Section  94,  Criminal  Code 178 

Receipting  for  larger  sums  than  paid,  constitutes.     Section  86,  Criminal  Code.       178 
Employees  : 

Authority  for  appointment.     Section  169,  Revised  Statutes 1 

Engineer  (not  regularly  mustered)  : 

Serving  on  gunboat  or  war  vessel,  entitled  for  disability.     Section  4693,  Re- 
vised Statutes 32 

Enlistment  or  muster: 

Record  of  pay,  evidence  of,  in  certain  Indian  war  claims.     Acts  June  27,  1902, 

and  May  30,  1908 22,  23 

Enrolling  officer  : 

Pensionable  status  of.     Section  4693,  Revised  Statutes 32 

Evidence  : 

Certificate  of  discharge  not.     Section  224,  Revised  Statutes 137 

Execution  of  papers.     Act  July  26,  1892 81 

Execution  of  papers  before  attorney  of  record,  effect  of 204 

Execution  of  papers  in  foreign  countries — 

Section  1750,  Revised  Statutes 163 

Act  July  26,  1892 81 

How  copies  may  be  obtained 205 

Of  citizenship  in  Indian  war  claims.    Act  February  3,  1893 23 

Of  conversion,  what  constitutes.     Section  95,  Criminal  Code 179 

Of  embezzlement,  what  constitutes.     Section  94,  Criminal  Code 178 

Of  marriage  and  of  birth 190, 191 

Of  perjury ;  signature  of  executing  officer  proved  by  seal.     Section  1750,  Re- 
vised Statutes 163, 164 

Of  record  of  pay  to  show  enlistment  or  muster  In  certain  Indian  war  claims. 

Acts  June  27,  1902,  and  May  30,  1908 22,  23 

Of  service  and  discharge,  Mexican  War  service  claims.     Act  January  29,  1887, 

(sec.  3) 25 

Testimony  of  witnesses.     Regulations  and  instructions  relative  to 203 

Examining  surgeons : 

Boards  of  three.  Commissioner  of  Pensions,  authorized  to  appoint,  to  pass  upon 

appeals  from  special  medical  examinations.     Section  4775,  Revised  Statutes.       110 
Boards  of.     (See  Boards  of  Examining  Surgeons.) 
Inspection  of  boards  of.     Act  August  8,  1882,  amending  section  4766,  Revised 

Statutes 4, 119 

Executive  department  : 

Chief  clerks  of,  to  administer  oaths  of  office  without  compensation  therefor. 

Act  August  29,  1890 o 

Clerks,  etc.,  not  to  be  transferred  until  after  three  years'  service.     Act  June 

22,  1906  (sec.  5) 8 

Contributions,  presents,  etc.,  to  superiors,  prohibited.     Section  1784,  Revised 

Statutes 8 

Detail  of  clerks,  etc.,  to  commissions,  not  authorized  by  law,  prohibited.     Act 

March  4,  1909 7 

Detail  to,  of  civil  employees  from  outside  District  of  Columbia  restricted.    Act 

June  22,  1906  (sec.  6) 8 

Disbursing  officers,  substitutes  authorized  in  case  of  Illness,  etc.     Act  March 

4;  1909 6 

Head  of,  may  apply  to  United  States  Court  for  subpoena  for  witness.     Section 

184,  Revised  Statutes 5 

Head  of,  to  employ  such  number  of  clerks,  etc.,  at  such  rates  of  compensation 

as  may  be  authorized  by  Congress.     Section  169,  Revised  Statutes 1 

Head  of,  to  report  annually  expenses  of  officers  and  employees  at  Washington 

who  have  traveled  outside  of  District  of  Columbia  during  the  year.    Act  May 

22,   1908 1 

No  pay  for  permanently  disabled  persons.    Act  March  4,  1911 13 


INDEX.  227 


Executive  department — Continued.  *  Page. 

Notaries  public  employed  therein  not  to  charge  for  notarial  acts  performed  in 

office  hours.     Orders  January  5,  1905,  and  April  7,  1905 8,  9 

Notaries  public  employed  therein  to  administer  oaths  of  office  free  of  charge. 

Act  August  29,  1890 8 

Pay   of   telephone   switchboard   operators,    firemen,   watchmen,   laborers,    etc. 

Act  March  4,  1911 10 

President  may  designate  officer  to  discharge  temporarily  the  duties  of  head  of, 
when  latter  has   died,   resigned,  is  absent  or  sick.     Section   179,   Revised 

Statutes 3 

Secretary  of  the  Interior  to  pay  expenses  of  securing  and  preparing  testimony 

in  disbarment  proceedings.    Act  March  4,  1911 . 85 

Vacancies  in  subordinate  offices,  how  filled.     Section  178,  Revised  Statutes —  2 

Expenditures  : 

In  excess  of  appropriation  forbidden  ;  penalty.    Act  February  27,  1906 176 

Expert  : 

Commissioner  of  Pensions  authorized  to  employ.    Act  July  25, 1882  (sec.  4)_  110,  111 

Fee  of.    Act  July  25,  1882  (sec.  4) 110,  111 

Extortion  : 

By  public  officer  or  by  one  claiming  to  be  such.    Section  85,  Criminal  Code 180 

Under  threat  of  informing  ;  penalty.    Section  145,  Criminal  Code 181 

Eyes  : 

Rates  for  loss  of  both,  and  for  total  blindness.     Tables  of  rates.  No.  2 149 

F. 

False  acknowledgment  : 

By  officer  authorized  to  administer  oaths,  etc. ;  penalty.     Section  31,  Criminal 

Code 160 

False  and  fraudulent  affidavits  : 

Making  or  presenting;  penalty.    Act  July  7,  1898 159 

False  certificate  : 

By  consular  officer  ;  penalty.    Section  70,  Criminal  Code 160 

By  public  officer,  etc. ;  penalty.    Section  106,  Revised  Statutes 160 

False  claim  : 

Against  the  United  States ;  civil  liability  for  making  and  presenting.     Section 

3490,  Revised  Statutes 158 

Against  the  United  States ;  penalty.     Section  35,  Criminal  Code 157 

False  demand  : 

On  fraudulent  power  of  attorney.    Section  34,  Criminal  Coc^e 177 

False  impersonation  : 

Of  pensioner.     Section  33,  Criminal  Code 177 

False  oath  : 

Deemed  perjury — 

Act  March  9,  1878  (sec.  3) 18,164 

Act  January  29,  1887   (sec.  3) 24,165 

Act  July  27,  1892  (sec.  3) —. 20,165 

False  personation  : 

Government  officer;  penalty.    Section  32,  Criminal  Code 177 

Fathers : 

Pensionable  status.     Section  4707,  Revised  Statutes,  and  act  June  27,  1890 

(sec.   1) -  67,  69 

Regulations  and  instructions  relative  to  claims  of 194 

Fee  : 

Allowed    fourth-class    postmaster    for    administering    oaths    in    execution    of 

pension  vouchers.      Act  August  23,  1894 117 

Allowed  rural  delivery  carriers  for  administering  oaths  In  execution  of  pension 

vouchers.     Act  June  25,  1910  (sec.  2) . 117 

Amount   to  be  paid   as,   in  absence  of  articles   of  agreement.     Act  July  4, 

1884   (sec.  4) 86 

Attorney — 

Allowed — 

Act  July  4,  1884    (sees.  3  and  4) 86,173 

Act  June  27,  1890   (sec.  4) — : 46,90,173 

Act   March    3,    1891 . 89,174 

Act  April  19,  1908   (sec.  3) 65,91,174 


228  INDEX. 

• 

Fee — Continued. 

Attorney — Continued. 

None  allowed,  when —  Page. 

Act   January   28,   1879    (sec.   4) 59 

Act  March  19,  1886   (sec.  2) 1 62,91 

Act  August  15,  1892  (sec.  2) 41,91,175 

Act  July  4,  1884   (sec.  4) 87,91 

Act  March  3,  1901   (sec.  2) 71,91 

Act  February  28,  1903    (sec.  2) 73,92 

Act  February  6,  1907  (sec.  3) 28,50,92 

Act  April  19,  1908   (sec.  3) 65,91,174 

Act  May  28,  1908 90,  175 

To  be  paid  only  upon  direction  of  Commissioner  of  Pensions — 

Act  July  4,  1884  (sec.  3) 86,  173 

Act  June  27,  1890    (sec.  4) 49,90,173 

Act  April  19,  1908   (sec.  3) 65,91,174 

Board   of   examining   surgeons,   none   paid   member   not   participating.      Act 

July  25,   1882    (sec.   4) 110,111 

Of  examining  surgeon — 

Expert.     Act  July  25,  1882  (sec.  4) 110,  111 

For  examination  at  claimant's  residence,  when  out  of  corporate  limits. 

Increased.     Act  May  28,  1908 112 

Of  surgeon,  for  examination.     Act  July  25,  1882   (sec.  4) 110,  111 

Of    surgeon,    for    examination    in    a    foreign    country.      Act    July    25,    1882 

(sec.  4) 110,  111 

Of  witnesses  before  special  examiner.     Section  185,  Revised  Statutes 6 

Feb  contracts : 

Made  prior  to  passage  of  act  null  and  void — 

Act  June  27,   1902 22,92 

Act  May   30,   1908 23,92 

Feb,  illegal: 

Agents  or  attorneys,  demanding  or  receiving ;  penalty — 

Section  5485,   Revised  Statutes 172 

Act  July  4,  1884   (sec.  4) 88,173 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  March  3,  1891 89,  174 

Act  August  5,  1892 • 41,  91,  175 

Act  April  19,  1908 ' 65,  91,  174 

Act  May  28,  1908 90, 175 

United  States  pension  agent  taking ;  penalty.      Section  108,  Criminal  Code 175 

Feet  : 

Rates  for  loss  of.     Tables  of  rates,  No.  2 149 

Felonies  and  misdemeanors  : 

Distinguished.      Section  335,  Criminal  Code 182 

Felony  : 

Misprison  of,  defined.      Section  146,  Criminal  Code 181 

Fleeing  from  justice  : 

Section  1045,  Revised  Statutes 182 

Foreign  claims  : 

Execution    of    declarations,    etc.     Section    1750,    Revised    Statutes,    and    act 

July   26,    1892 163,  81 

Foreigners  : 

Not   entitled   to   pension,    certain    Indian   war   claims.       Act   July   26,    1892 

(sec.    1) 21 

Foreign  medical  examination  : 

Surgeons,  fee  for.     Act  July  25,  1882  (sec.  4) 111 

Foreign  residents  : 

Payment  of  pension  to.      Act  March  2,  1895 121 

Payment  of  pension  to,  not  made  on  power  of  attorney.     Act  March  14,  1898_       121 
Forfeiture  of  pension  : 

Abandonment  of  minor  child  or  children  by  widow,  works.      Section  4706, 

Revised     Statutes 67 

Adulterous  cohabitation  by  widow,  works.    Act  August  7,  1882  (sec.  2) 62 

Forged  obligations: 

Buying,  etc. ;  penalty.     Section  154,  Criminal  Code 162 

Of  the  United  States ;  penalty  for  passing,  etc.    Section  151,  Criminal  Code—       162 


I 


INDEX.  229 

FOEGED  PAPERS :  Page. 

Penalty  for  having  in  possession.     Section  30,  Criminal  Code 162 

Penalty  for  transmitting.     Sections  28  and  29,  Criminal  Code 161 

FOEGING : 

Bond,  bid  or  public  record;  penalty.     Section  28,  Criminal  Code .     161 

Certificate  of  oath ;  penalty.     Section  1750,  Revised  Statutes 163,  164 

Deeds,  powers  of  attorney,  etc. ;  penalty.     Section  29,  Criminal  Code 161 

United  States  securities  ;  penalty.    Section  148,  Criminal  Code 162 

Form  : 

Blank,  for  declaration,  etc.,  to  be  furnished  by  Commissioner  of  Pensions. 

Section  4748,  Revised  Statutes 79 

Blank,  for  voucher,  Secretary  of  Interior  to  cause  suitable,  to  be  printed  and 

distributed.     Section  4767,  Revised  Statutes 116 

Of  attorney's  oath.     Section  1757,  Revised  Statutes 85 

Of  fee  contract 96 

FOUETH-CLASS    POSTMASTERS  : 

Authorized  to  administer  oaths  in  execution  of  pension  vouchers.    Act  August 

23,    1894 117 

Fee  allowed  for  administering  oaths  in  execution  of  pension  vouchers.     Act 

August   23,    1894 117 

Franked  envelopes  : 

For  return  of  pension  vouchers.   Secretary  of  the  Interior  to  furnish  free. 

Act  March  4,  1909 117 

Fraud  : 

Upon  evidence  of,  in  obtaining  special  act.  Commissioner  of  Pensions  to  sus- 
pend pension.     Section  4720,  Revised  Statutes 134 

Fugitive  from  justice  : 

Statute  of  limitations  does  not  apply  to.     Section  1045,  Revised  Statutes 182 

Funeral  expenses : 

Payment  of,  when  made  out  of  accrued  pension.  Regulations  and  instructions 

relative  to  claims  for '. 203 

Furlough,  sick  or  veteran  : 

Disability  incurred  while  on,  line  of  duty.     Section  4700 42 

G. 

Good  moral  character: 

Question  of,  to  be  determined  by  Commissioner  of  Pensions.     Act  March  3, 

1899 , 120 

Government  Hospital  for  Insane  : 

Claim  for  share  of  pension  of  inmate  of.     Regulations  and  instructions  rela- 
tive  to 201 

Delivery  of  insane  criminals  accused  of  crime.     Section  4855,  Revised  Statutes.       156 
Disposition  of  accrued  pension  on  death  of  inmates — 

Act  February  20,   1905 127 

Act  June  30,   1906 128 

Act  February  2,   1909 128 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  National  Home, 
Disabled  Volunteer  Soldiers — 

Act   February   20,    1905 127 

Act   February   2,   1909 128 

Insane  persons  accused  of  crime,  confined  in,  how  supported.     Section  4851, 

Revised   Statutes 156 

Insane  persons  accused  of  crime  may  be  confined  in.     Section  4851,  Revised 

Statutes 156 

Pensions  of  inmates,  how  disbursed — 

Act  February  20,  1905 127 

Act  February  2,  1909 128 

Persons   becoming   insane   while   in   custody   of   United   States   officer  or  im- 
prisoned, to  be  admitted  to.     Act  August  7,  1882 157 

Who  entitled  to  admission  to — 

Act  August  7,   1882 126 

Act   February   20,    1905 127 

Government  officers  or  employees  : 

Making  false  entries  or  false  reports;  penalty.     Act  March  4,  3911 160 

Not  to  prosecute  claims  against  the  United  States.     Section  109,  Criminal 

Code 166 


230  INDEX. 

Government  officers  or  employees — Continued.  Pa 

Not  to  take  compensation  in  cases  where  United  States  are  parties.     Section 
113,  Criminal  Code 3 

When  notaries  public,  not  to  charge  for  certain  work  done — 

Act  August  29,   1890 

Departmental  Orders,  January  5  and  April  7,  1905 

(See  also  Oflacers.) 
Gray's  battallion  : 

War  with   Mexico    (service),   survivors  and  widows  of,  entitled  to  pension. 

Act  February   17,   1897 

Guardian  : 

Embezzlement  of  pension  money  by.     Act  February  10,  1891 : 

Not  to  be  deprived  of  increase  of  pension  on  account  of  minor  children  by 
reason  of  their  maintenance  by  State  or  in  a  public  institution.     Section 

4703,    Revised    Statutes 

Of  dependent  children,  pension  may  be  paid  to,  when  father  is  insane  or  im- 
prisoned.    Act  August  8,  1882,  amending  section  4766,  Revised  Statutes— 

Of  minor  children,  one-half  pension  payable  to,  when.     Act  March  3,  1899 

Of  orphan  child,  to  receive  only  share  of  joint  pension  to  which  ward  en- 
titled.    Section  4707,  Revised   Statutes 67, 

Pension  of  person   under   legal   disabilities   may  be  paid  to.     Act  August  8, 

1882,  amending  section  4766,  Revised  Statutes 

Gunboat  or  war  vessel  : 

Persons  serving  on,  not  regularly  mustered,  status  of.     Section  4693,  Revised 
Statutes 

H. 

Half  of  soldiers'  pension  : 

Paid  to  wife  or  minor  when.    Act  March  3,  1899 

Regulations  and  instructions  relative  to  claims  for '. 

Half-pay  pensions  : 

Chapter  II 

Half-rating  : 

Application    for,    to    be    filed   with    Secretary    of   the    Navy.     Section    4750, 

Revised   Statutes 

To  disabled  enlisted  persons  serving  twenty  years  In  Navy  or  Marine  Corps. 

Section  4756,  Revised   Statutes 

Hands : 

Loss  of.     Tables  of  rates,  No.  2 

Hawkins-Taylor  Commission  : 

Secretary  of  War  to  furnish  certificates  of  discharge  to  members  of  Missouri 

Home  Guards,  whose  claims  were  adjudicated  by.    Act  May  15,  3886 

Heirs  : 

Accrued  pension  due  deceased  Inmates  of  the  Government  Hospital  for  the 
Insane,  payable  to,  when — 

Act  June  30,  1906 

See  also  Act  February  2,  1909 

Accrued  pension  due  deceased  inmates  of  the  National  Home,  Disabled  Volun- 
teer Soldiers,  payable  to,  when.     Act  June  25,  1910 I 

Accrued  pension  due  deceased  inmates   of  the  Soldiers'   Home,   Washington, 

D.  C,  payable  to.    Act  March  3,  1888 1 

Helpless  children  : 

Pensionable  status  of — 

Act  June  27,  1890   (sec.  3) 4J 

Act  May  9,    1900 4i 

Regulations  and  instructions  relative  to  claims  of 1 

Helplkssness  : 

See  Tables  of  rates 148-  1 

Homes  for  disabled  soldiers  and  sailors  : 

National  Home  for  Disabled  Volunteer  Soldiers — 

Accrued  pension  due  inmate  at  death,  how  disposed  of.     Acts  February  26, 

1881,  August  7,  1882,  and  June  25,  1910 123^  1 

Application  for  membership  in,  to  constitute  contract  as  to  disposition  of 

property  on  death  of  applicant.     Act  June  25,  1910 1 

Canteen  prohibited.     Act  March  4,  1911 1 


INDEX.  231 

Homes  for  disabled  soldiers  and  sailors — Continued.  Page. 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  Government 
Hospital  for  the  Insane — 

Act  February  20,  1905 127 

Act  February  2,  1909 128 

Insane  inmates  of,  entitled  to  admission  to  Government  Hospital  for  the 
Insane — 

Act  August  7,  1882 126 

Act  February  20,  1905 127 

One-half  pension  of  inmates  payable  to  wife,  etc.,  when.    Act  March  3, 1899-       120 
Payment  of  pensions  of  inmates  of,  how  made — 

Act  February  26,  1881 123 

Act  August  7,  1882 123 

Pensions  of  inmates  of,  how  disbursed — 

Act  February  26,  1881 123 

Act  August  7,  1882 123 

Naval  Home,  Philadelphia,  Pa. — 

Pensions  of  inmates  of,  paid  to  Secretary  of  the  Navy.     Section  4813,  Re- 
vised Statutes,  and  act  May  4,  1898 122 

Navy  Hospital — 

Pensions  of  inmates  of,  paid  to  Secretary  of  Navy.     Section  4813,  Revised 

Statutes,  and  act  May  4,  1898 122 

Soldiers'  Home,  Washington,  D.  C. — 

Accrued  pension  due  inmates  at  death,  how  disposed  of.     Act  March  3,  1883_       122 

Payment  of  pensions  to  inmates  of.     Act  March  3,  1883 122 

Pensioned  inmates  of,  may  allot  pensions.     Act  March  3,  1883 122 

Pensions  of  inmates  of,  how  disbursed.     Act  March  3,  1883 122 

Rights  of  pensioners  and  surrender  of  pensions.     Section  4820,  Revised 

Statutes 121 

State  or  Territorial  Homes — 

Canteen  in,  bars  Federal  aid  to.     Act  March  4,  1911 125 

One-half  of  pension  of  inmates  of,  payable  to  wife,  etc.,  when.     Act  March 

3,  1899 120 

Pensions  of  inmates  of,  to  be  paid  directly  to  them.     Act  May  28,  1908 —  .     126 
Sums  collected  from  inmates  of,  to  be  deducted  from  Federal  aid,  except. 

Act  March  4,  1911 125 

Honorable  discharge  : 

Benefits  of  section  2,  joint  resolution  July  1,  1902,  extended  to  oflScers.     Joint 

resolution  June  28,  1906 *— —       146 

Bounty-land  warrant,  grant  of,  to  person  for  service  in  War  of  1812,  prima 

facie  evidence  of  fact  of  service  and  of.     Act  March  9,  1878  (sec.  3) 19 

Final,  governs,  when.     Joint  resolution  July  1,  1902  (sec.  2) . 146 

Issued  in  certain  cases.     Act  March  2,  1889   (sec.  8) 144 

Necessary  to  title  in  claims  under — 

Section  4730,  Revised  Statutes 23 

Act  March  9,  1878  (sec.  1) 18 

Act  January  29,  1887  (sec.  1) 24 

Act  June  27,  1890  (sees.  2  and  3) 1 45,46,64 

Act  March  3,  1891 27 

Act  July  27,  1892  (sec.  1) 21 

Act  February  17,  1897 27 

Act  May  9,  1900 47,48,65 

Act  February  6,  1907   (sec.  1) 27,49 

Act  April  19,  1908  (sec.  2) 65 

I. 

Identity  : 

Of  pensioner  to  be  shown  before  payment  of  pension.     Section  4765,  Revised 

Statutes 117 

Illegal  fee  : 

Penalty  for  demanding  or  receiving — 

Section  5485,  Revised  Statutes 172 

Act  July  4,  1884   (sec.  4) 88,173 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  March  3,  1891 89,174 

Act  August  5,  1892  (sec.  2) 41,91,175 

Act  April  19,  1908  (sec.  3) 65,91,174 

Act  May  28,  1908 90,176 


232  INDEX. 

Immoral  conduct:  Page. 

Of   widow  forfeits   pension   during   child's   minority.      Section   4706,    Revised 
Statutes 1 67 

Open  and  notorious  adulterous  cohabitation  of  widow  pensioner  forfeits  title. 

Act  August  7,  1882 62 

Immunity  : 

Of  witnesses,  etc.,  statute  granting,  repealed.    Act  May  7,  1910 156 

Imprisoned  pensioner: 

Claim  of  wife  or  minor  child  for  pension  of.     Regulations  and  instructions 

relative    to 202 

Income  : 

Of  father,  a  factor  in  determining  title  of  mother.     Section  4707,   Revised 

Statutes 68 

Of  widow,  a  factor  in  determining  title.     Act  May  9,  1900 64 

Of  widow,  claiming  renewal  as  remarried  widow — 

Act  March  3,  1901 70 

Act  February  28,  1903 72 

Increase : 

(See  Pensions,  increase  of.) 
Indian  agents  : 

Declarations  in  Indian  claims  may  be  made  before.    Act  July  26,  1892  (sec.  2)_         82 

Authorized  to  take  acknowledgments,  etc.     Section  2064,  Revised  Statutes 82 

Indian  claims  : 

Limitation  extended.     Section  4721,  Revised  Statutes 82 

Marriage  and  legitimacy,  how  established.     Section  4705,  Revised  Statutes 67 

Papers  in,  before  whom  executed.     Section  4721,  Revised  Statutes 82,  83 

Indian  pensioners  :  m 

Residing  in  Indian  Territory,  how  paid.     Act  August  8,  1882,  amending  sec-         " 

tion  4766,  Revised  Statutes 119 

Indian  wars  : 

Chapter    II 13 

False  oath  in  claims  deemed  perjury.    Act  July  27,  1892  (sec.  3) 20, 165 

Nez  Perc6  Indians — 

Persons  engaged  in,  and  the  widows  and  minor  children  of  such  persons, 

entitled  to  pension.     Act  March  3,  1881 39 

Regulations  and  instructions  relative  to  claims  based  on  service  in "      184 

Survivors  of,  and  widows,  pensioned ;  rate — 

Act  July   27,   1892 20 

Act  June  27,   1902 22 

Act  May  30,  1908 23 

[See  also  Pensions,  Indian  Wars.) 
Indictment  : 

For  perjury,  form  of.     Section  5396,  Revised  Statutes 165 

For  subornation  of  perjury,  form  of.     Section  5397,  Revised  Statutes 166 

Inmate,  Government  Hospital  for  the  Insane  : 

Claim  for  share  of  pension  of;  regulations  and  instructions  relative  to 201 

Insane  or  permanently  helpless  children  : 

Pension  of,  to  continue  during  life  or  disability — 

Act  June  27,   1890 46,64 

Act  May  9,  1900 48,65 

Pension  of,  to  terminate  on  restoration  of  widow's  name  to  roll,  when.     Acts 

March  3,  1901,  and  February  28,  1903 70-72 

Regulation  and  instructions  relative  to  claims  of 192 

Insane  pensioner : 

Claim  of  wife  or  minor  child  for  pension  of.     Regulations  and  instructions 

relative  to 202 

Pension  of,  may  be  paid  to  wife,  or  guardian  of  children,  when.    Act  August  8, 

1882,  amending  section  4760,  Revised  Statutes 119 

INSANB   person  : 

Accused  of  crime,  how  supported  in  Government  Hospital  for  the  Insane.    Sec- 
tion 4851,   Revised  Statutes 156 

Accused  of  crime,  may  be  confined  in  Government  Hospital  for  the  Insane.    Sec- 
tion 4851,   Revised  Statutes 156 

Accused  or  convicted  of  crime,  confined  in  Government  Hospital  for  the  Insane, 

how  disposed  of  on  restoration  to  sanity.     Section  4855,  Revised  Statutes—       15€ 

Becoming  such  while  in  custody  of  United  States  officer  or  imprisoned,  to  be 

admitted  to  Government  Hospital  for  the  Insane.    Act  August  7,  1882 157 

No  limitation  as  to  time  of  filing  claims  by.     Act  March  3,  1879 59 


INT>EX.  233 

NSPECTiON :  Page. 
Of  pension  agencies  and  boards  of  examining  surgeons ;  expenses,  how  paid. 

,          Act  August  8,  1882,  amending  section  4766,  Revised  Statutes 4,  119 

p      Reports — 

'              Of  examining  surgeons,  open  to.     Act  July  18,  1894 111 

Of  special  examiners,  open  to.     Act  May  28,  1908 5 

NTERiOR  Department  : 

Creation  of.     Section  437,  Revised  Statutes 1 

Rules  of  practice  before,  in  appeal  cases 103 

NVALID   PENSIONS  : 

Chapters  II  and  III 13,31 

(See  also  Pensions,  invalid.) 

NVESTIGATIONS  : 

Expenses  and  per  diem  allowance  of  special  examiners  engaged  in.     Act  March 

4,    1911 10 

Into  merits  of  pension  claims  authorized.     Section  4744,  Revised  Statutes 4 

Of  attempts  to  defraud  the  Government  authorized.     Section  474  and  section 

183,  Revised   Statutes 4,5 

Of  irregularity  or  misconduct  of  Government   oflicer.     Section   183,   Revised 

Statutes 5 

J.  ' 

BANNETTE : 

OflScers  and  men  lost  in  wreck  of,  date  of  decease  of.     Act  January  3,  1887 

(sec.  2) 69 

Twelve  months'  pay  allowed  to  widows,  minors,  or  dependent  parents  of 
officers  and  men  lost  in  wreck  of,  to  be  deducted  from  pensions  of.  Act 
January  3,  1887  (sec.  3) ^ 69 

UDGE^    ETC.  : 

Accepting  bribe  ;  penalty.     Section  131,  Criminal  Code 169 

UDiciAL  Code  : 

In  effect  January  1,  1912.     Section  301,  Judicial  Code 155 

URISDICTION  : 

Of  District  courts.     Section  24,  Judicial  Code 154 

Of   offenses   begun   in   one   district   and    completed    in    another.     Section   42, 

Judicial,  Code , 155 

Of  suits  for  forfeiture  and  damages  for  making  false  claims.     Section  3491, 

Revised  Statutes 158 

USTICE    OF    the   peace  ! 

When  not  required  by  law  to  have  a  seal,  official  character,  how  certified. 
Act  July  1,  1890,  joint  resolution  September  1,  1890,  and  act  July  26, 
1892   (sec.  1) 80,81 

K. 

[ansas  Colored  Volunteers   (First)  : 

Pension  rights  of.     Act  March  3,  1891 38 

li. 

<£Q  . 

Loss  of,  rates  for.     Tables  of  rates.  No.  2 149 

iEGAL  disabilities  : 

Persons  laboring  under;  payment  of  pension.     Act  August  8,  1882 119 

lEGITIMACY  : 

Of  children  born  out  of  wedlock.     Section  4704,  Revised  Statutes 66 

Of  children  of  colored  and  Indian  soldiers,  how  proved.  Section  4705,  Re- 
vised  Statutes 67 

.EVY,   ATTACHMENT  OR   SEIZURE  : 

Pension  not  liable  to.     Section  4747,  Revised  Statutes 131 

jIMITATION  : 

As  to  allowance  of  pension  ;  one  only  to  same  person  or  persons  entitled  jointly, 

for  same  period.     Section  4715,  Revised  Statutes 134 

As  to  date  of  filing  claim.    Act  March  3,  1879  (sec.  2) 59 

As  to  date  of  filing,  not  applicable  to  claims  of  insane  persons  or  minors.    Act 

March  3,  1879   (sec.  2) 60 

:      As  to  date  of  marriage — 

I  Effect  on  rate  of  widow's  pension.    Act  March  19,  1886 62 


^84  INDEX. 


1 


Limitation — Continued.  Pag 

As  to  date  of  marriage — Continued. 
Effect  on  widow's  title — 

Act  June  27,  1890  (sec.  3) 1 46,  ( 

Act  May  9,  1900 48,  < 

Act  Marcti  3,   1899 66,:: 

Act  March  3,  1901 70,' 

Act  February  28,  1903 

Act  April  19,  1908  (sec.  2) i 

As  to  disloyalty  removed.     See  Note  1,  section  4716,  Revised  Statutes 

As  to  duration  of  widow's  and  minors'  claims — 

Act  August  7,  1882,  amending  section  4702,  Revised  Statutes i 

Act  June  27,  1890   (sec.  3) 46,  ( 

Act  May  9,  1900 48,  i 

Act  April  19,  1908 i 

As  to  period  of  payment  in  claims  of  dependent  relatives.     Section  4707,  Re- 
vised Statutes,  and  act  June  27,  1890  (sec.  1) 67- ^ 

As  to  prosecution  of  claims  by  militiamen.     Section  4693,  Revised  Statutes 

As  to  rate,  Navy  pension  fund.     Sections  4756  and  4757,  Revised  Statutes 76,  ' 

As  to  time  of  filing  applications  under  act  August  14,  1888,  removed.    Act  May 

24,  1900  (sec.  2) 

As  to  time  of  filing  applications  underthe  act  of  March  2,  1889.    Act  March  2, 

1889   (sec.  9) 

As  to  time  of  filing  applications  under  act  of  March  2,  1889,  extended.     Act 

July  27,  1892 '_ . 

As  to  time  of  filing  applications  under  the  act  March  2,  1889,  renewed.     Act 

March  2,   1895 

As  to  time  of  filing  suit  for  forfeiture  and  damages  under  section  3490,  Revised 

Statutes.     Section  3494,  Revised  Statutes . 

Bar  imposed  by  act  March  3,  1865,  against  certain  remarried  widows  removed 

in  restoration  claims.    Act  February  28,  1903  (sec.  2) 

Both  pension  and  pay  of  rank  in  service  not  allowable,  unless.     Section  4724, 

Revised  Statutes 

Imposed  by  fourteenth  amendment  to  Constitution  removed.    Act  June  6,  1898_ 
Invalid  claims  ;  disabilities  incurred  since  July  27,  1868.     Section  4694,  Re- 
vised  Statutes  

Removed  as  to  date  of  filing  widows'  claims.    Act  June  7,  1888 

Limitations^  Statute  of  : 

Indictment  to  be  found  within  three  years  from  criminal  act,  otherwise  no 

prosecution.     Section  1044,  Revised  Statutes 

Not  to  apply   if  accused   is  a   fugitive  from  justice.      Section   1045,   Revised 

Statutes 

Line  of  duty  : 

Cause  of  disability  or  death  must  originate  in,  to  give  pensionable  status,  when. 

Section  4693,  Revised  Statutes 

Conditions  requisite  to  give  title  since  July  27,  1868.     Section  4694,  Revised 

Statutes 

Disability  incurred  while  on  sick  or  veteran  furlough,  etc.     Section  4700,  Re- 
vised  Statutes  

Loss  of  certificate  of  discharge  : 
No  bar  to  pension — 

Act  March  9,  1878  (sec.  3) 

Act  January  29,  1887  (sec.  3) — 

Act  July  27,  1892  (sec.  3) 

Loss  of  limbs  : 

Rates  for.     Tables  of  rates.  No.  2 

Lost,  stolen,  or  destroyed  checks  : 

Duplicates  to  be  issued,  when,  etc.     Act  February  23,  1909 

Loyalty : 

A  requisite  of  pensions.     Section  4716,  Revised  Statutes 

Limitation  of  section  4716,  Revised  Statutes  removed  in  certain  cases.     Joint 

resolution  July  1,  1902    (sec.  1) 

Requirement  of,  waived  in  cases  of  certain  soldiers  and  sailors.     Act  August 
1.    1892 


INDEX.  235 

M,  Page. 

;ainb  : 

Commencement  of  pensions   arising  out   of   destruction   of.      Act   Marcli   30, 

1898   (sec.  4) 70 

Ianual,  labor: 

Total  incapacity  for.     Tables  of  rates,  Nos.  2  and  4 149,  151 

[ARiNE  Corps  : 

Officers  and  men  on  active  or  retired  list  of,  not  pensionable.     Act  March  3, 

1891 137 

Pensionable  status  of  members — 

Section  4693,  Revised  Statutes 32 

Act  January  29,   1887    (sec.   1) 24 

Act  June  27,  1890  (sec.  2) 45 

Act  May  9,  1900 47 

Act  February  6,   1907 27,49 

Persons  in,   not  to  draw  both   pay   and  pension,  except.     Section  4724,   Re- 
vised   Statutes 136 

Ten  years'  service,  pension  to  members  of.     Section  4756,  Revised  Statutes 76 

Twenty  years'  service,  pension  to  members  of.    Section  4757,  Revised  Statutes-         77 

ARRIAGB  : 

Date  of,  effect  on — 

Rate  in  widow's  claim.     Act  March  19,  1886 62 

Remarried  widow's  title — 

Act  March  3,  1901 70 

Act  February  28,  1903 72 

Widow's  title — 

Act  June  27,  1890    (sec.   3) 46,64 

Act  March  3,  1899 66,  120 

Act  May  9,  1900 48,65 

Act  April  19,  1908   (sec.  2) 65 

How  proved — 

Act  August  7,  1882  (sec.  2) '_ 62 

Instructions  relative  to  proof  of 190 

Of  widows  of  colored   and  Indian   soldiers,   how  proved.     Section  4705,   Re- 
vised   Statutes : 67 

Prior  to  June  27,  1890,  necessary  to  widow's  title  to  pension  under  certain 
acts — 

Act  June  27,   1890 46,64 

Act  May  9,  1900 48,65 

Act  April  19,   1908 65 

Terminates  pension — 

In  mothers'  claims.     Section  4708,  Revised  Statutes 70 

In  sisters'  claims.    Section  4708,  Revised  Statutes 70 

In  widows'  claims.    Section  4708,  Revised  Statutes ■ 70 

[aster  : 

In  merchant-marine  service,   drafted  in  time  of  war,  pensionable  status  of. 

Act  May  28,  1896 147 

(Not  regularly  mustered)  serving  on  gunboat,  entitled  for  disability.     Section 

4693,   Revised  Statutes 32 

[ate  : 

In  merchant-marine  service,  drafted  in  time  of  war,  pensionable  status.     Act 

May  28,  1896 147 

[bans  of  support  : 

A  factor  in  determining  dependent  father's  title  to  pension — 

Section  4707,  Revised  Statutes 67,  68 

Act  June  27,   1890   (sec.  1) 69 

A  factor  in  determining  title  to  pension  in  dependent  mother's  claim — 

Section  4707,  Revised  Statutes 67,68 

Act  June  27,   1890   (sec.   1) 69 

A  factor  in  determining  Army  nurse's  title  to  pension.     Act  August  5,  1892 

(sec.  1) 41 

A  factor  in  determining  remarried  widow's  title  to  restoration  to  rolls — 

Act  March  3,  1901 71 

Act  February  28,   1903 72 


286  INDEX. 

Means  of  support — Continued.  Pa 

A  factor  In  determining  widow's  title  to  pension — 

Act  June  27,  1890  (sec.  3) 46, 

Act   May   9,    1900 43' 

A  factor  in  determining  wife's  title  to  one-half  of  husband's  pension.     Act 

March  3,  1899 120, 

Mechanical  appliances  and  artificial  limbs  : 

Application  for,  to  be  made  to  Surgeon-General,  United  States  Army 

Medical  cadets  : 

Creation  of  corps  of.      Act  August  3,  1861    (sec.  5) 

Medical  referee  : 

Appointed  by  Secretary  of  Interior.      Section  4776,  Revised  Statutes 

Duties  of.      Section  4776,  Revised  Statutes 

Salary  of.     Act  March  4,  1911 

Medical  examinations  : 

Chapter    VII 

Medical  Reserve  Corps  : 

OflScers  of,  entitled  to  pension,  when.     Act  April  23,  1908  (sec.  9) 

Member  of  Congress  : 

Accepting,  etc.,  bribe ;   penalty.      Section  110,  Criminal  Code 

Offering  bribe,  etc.,  to ;  penalty.     Section  111,  Criminal  Code I 

Offering  consideration  to,  for  procuring,  etc.,  contracts,  offices,  etc. ;  penalty. 

Section   112,   Criminal   Code I 

Taking  compensation  in   matters   to  which  the  United   States   are  parties; 

penalty.     Section  113,  Criminal  Code 1 

Taking    consideration    for    procuring,    etc.,    contracts,    offices,    etc. ;    penalty. 

Section   112,   Criminal   Code I 

Merchant-marine   service  : 

Persons  serving  in,  liable  to  draft  in  time  of  war,  and  entitled  to  pensions  for 

wounds  received.      Act  May  28,  1896 . I 

Meritorious  claims  : 

Not  provided   for  by  law.   Secretary  of   the  Interior  to  report  to   Congress. 

Resolution   May   29,    1830 

Mexican   War  : 

Chapter   II 

False  oath  in  claims  deemed  perjury.      Act  January  29,  1887  (sec.  3) 24, 

Service  pensions — 

Regulations  and  instructions  relative  to 

(See  also  Pensions,  War  with  Mexico.) 
Military  records  : 

Correction    of ;    honorable    discharge    to    issue,    when.     Act    March    2,    1889 

(sec.    8) 

Of  certain  soldiers  and  sailors,  certain  laws  relating  to,  modified  to  permit 

allowance  of  pension.      Joint  Resolution  February  27,  1911 

Militia  : 

Claims  of  members  of,  must  have  been  prosecuted  to  successful  issue  prior  to 

July  4,  1874.      Paragraph  4,  section  4693,  Revised  Statutes 

Missouri,  Powell's  battalion,  Mexican  War,  pensionable  status  of  survivors,  etc. 

Act  March  3,  1891 

Missouri,  State  and  Provisional,  pensionable  status  of.     Section  4722,  Revised 

Statutes 

Missouri,    widows,    minor   children,   and   dependent   relatives   of   members    3f, 
who    were   murdered   at   Centralia,   Mo.,    pensioned.      Act   March    3,    1875 

(sec.    2) 

Of  the   States,   in  service   of  the  United   States,   status   of.      Act  April   22, 

1898    (sec.    12) I 

Organized,   pensionable  status  of  officers  and  men.      Acts  January  21,   1903 

(sees.  4,  7,  and  22),  May  27,  1908  (sees.  3  and  5) 31 

Pensionable  status  of.      Section  4693,  Revised  Statutes 

Second  Regiment,  Third  Brigade,  Ohio  Volunteers,  given  pay  despite  irregu- 
larity of  muster.     Act  June  8,  1864 

Minimum  of  pension  : 

Granted  for  disability.     Act  March  2,  1895 

Minors  : 

Claim   of,    for  pension   of   insane   or    imprisoned   pensioner,    regulations   and 

instructions   relative  to ' 

Discharged    by   order    of    court,    no   pension   allowed.       Act   March   2,    1889 
(sec.     2) 


INDEX.  237 

Minors — Continued.  Page. 

Guardian  of,  entitled  to  one-half  pension,  when.     Act  March  3,  1899 120 

One-half  pension  payable  to  guardian  of,  when.     Act  March  3,  1899 120 

Section  2,  act  March  2,  1889,  amended  to  allow  pension  to,  when  discharged 

by  order  of  court.    Act  March  2,  1891 144 

Regulations  and  instructions  relative  to  claims  of 191 

Minors^  pensions  : 

Chapter    II    and    IV 13,61 

{See  also  Pensions,  widows',  and  minors'.) 
Misdemeanors  and  felonies  defined  : 

Section  335,   Criminal   Code 181 

Misprision  of  felony  defined  : 

Section   146,   Criminal   Code 181 

Missouri,  Department  of  the  : 

Oflacers  and  men  entitled  to  pension,  when.    Act  March  27,  1862  (sec.  2) 38 

Missouri  Home  Guards  : 

Secretary  of  War  to  furnish  certificates  of  discharge  to  members  of.     Act  May 

15,    1886 - 138 

Missouri  Militia  : 

Powell's  battalion,  Mexican  War ;  pensionable  status  of  members,  etc.     Act 

March  3,  1891 27 

State  and  provisional — 

Pensionable  status  of.     Section  4722,  Revised  Statutes 33 

Provisions  of  act  June  27,   1890,  extended  to  include.     Joint  resolution 

February  15,  1895 48 

Widows,   minor  children,   and  dependent  relatives  of  members  of,   who  were 

murdered  at  Centralia,  Mo.,  pensioned.    Act  March  3,  1875  (sec.  2) 63 

Montana : 

Pensionable  status  of  certain  citizens  of,  and  their  widows.     Nez  Perc6  Indian 

War.     Act  March  3,  1881 39 

Moral  character  : 

Of  wife  in  claims  for  division  of  pension,  to  be  determined  by  Commissioner 

of  Pensions.    Act  March  3,  1899 120, 121 

Mothers  : 

Pensionable  status  of — 

Section  4707,  Revised  Statutes 67 

Act  June  27,   1890    (sec.   1) 69 

Regulations  and  instructions  relative  to  claims  of 193 

Muster  : 

Regular  or  not,  effect  on  title  to  pension — 

Section  4693,  Revised  Statutes —         32 

Act  June  27,   1902 22 

Act  May  30,  1908 23 

{See  also  Remuster.) 

N. 

National  Home,  Disabled  Volunteer  Soldiers  : 

Accrued  pension  due  inmate  at  his  death,  how  disposed  of.    Acts  February  26, 

1881,  August  7,  1882,  and  June  25,  1910 123,  124 

Application   for   membership   in,   to   constitute   contract  as   to   disposition   of 

property  on  death  of  applicant.     Act  June  25,  1910 124 

Canteen   prohibited.     Act  March  4,   1911 125 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  Government  Hos- 
pital for  the  Insane — 

Act  February   20,   1905 127 

Act  February  2,   1909 128 

Insane  inmates  of,  entitled  to  admission  to  the  Government  Hospital  for  the 
Insane — 

Act  August  7,   1882 126 

Act  February  20,  1905 127 

Pensions  of  inmates  of,  how  disbursed.     Acts  February  26,  1881,  and  August 

7,    1882 123 

Pensions  of  inmates  of,  paid  to  treasurers  of.     Acts  February  26,  1881,  and 

August  7,    1882 123 

One-half  pension  of  inmates  payable  to  wife,  minor  children,  or  permanently 

helpless  and  dependent  child,  when.    Act  March  3,  1899 120 


238  INDEX. 

Naval  Home  at  Philadelphia  :  Page. 

Pensions  of  Inmates  of,  paid  to  Secretary  of  the  Navy.     Act  May  4,  1898 122 

Navy  Hospital  : 

Pensions  of  inmates  of,  paid  to  Secretary  of  tlie  Navy.     Section  4813,  Revised 

Statutes,  and  act  May  4,  1898 122 

Navy  or  Marine  Corps  : 

Certain  appointed  and  enlisted  men  in,  relieved  from  the  charge  of  desertion  ; 
conditions — 

Act  August  14,  1888 138 

Act  May  24,  1900 141 

Navy  pensions  : 

Chapter  V 7.' 

Payable  from  Navy  pension  fund.     Section  4755,  Revised  Statutes 7( 

{See  also  Pensions,  Navy.) 
Navy  pension  fund  : 

Creation  of.     Section  4751,  Revised  Statutes 7; 

Disabled  persons  serving  not  less  than  10  years  may  receive  aid  from.  Sec- 
tion 4757,  Revised   Statutes 7' 

Half  rating  to  disabled  enlisted  persons  serving  20  years  in  Navy  or  Marine 

Corps,  payable  from.     Section  4756,  Revised  Statutes 7' 

How  to  be  invested.     Section  4753,  Revised  Statutes 7 

Navy  pensions  payable  from.     Section  4755,  Revised  Statutes 7 

Payments  out  of,  to  be  made  upon  application  to  the  Secretary  of  the  Navy. 

Section  4756,  Revised  Statutes 7 

Prize  money  accruing  to  United  States  to  constitute.     Section  4752,  Revised 

Statutes 7 

Rate  of  interest  on.     Section  4754,  Revised  Statutes 7 

Secretary  of  the  Navy  trustee  of.     Section  4750,  Revised  Statutes 7 

Navy  service  pensions  : 

Regulations  and  instructions  relative  to 1£ 

Necessitous  circumstances  : 

Question  of,  to  be  determined  by  Commissioner  of  Pensions.     Act  March  3, 

1899 IJ  : 

New  disability  claims  : 
Attorney  fee  in — 

Act  July  4,  1884 .. i  1 

See  also  Table  of  attorney  fees {  ; 

Nez  PERCfi  Indian  War  : 

Title  to  pension  of  persons  engaged  in,  their  widows  and  minor  children.     Act 

March  3,  1881 :  I 

Nonenlisted  men  : 

Pensionable  status  of.     Section  4693,  Revised  Statutes ■ 

Nonresident  : 

Provision  against  payment  of  pension  to,  repealed.     Act  March  2,  1895 1  1 

Notaries  public  : 

In  employ  of  United  States  not  to  charge  for  any  notarial  act  during  office 

hours.     Orders,  January  5,  1905,  and  April  7,  1905 8  S 

In  employ  of  United  States,  to  administer  oaths  of  office  free  of  charge.     Act 

August  29,  1890 i 

In  the  District  of  Columbia,  not  prohibited  from  practicing  before  Depart- 
ments.    Act  June  29,  1906 A 

Not  to  take  acknowledgments,  etc.,  in  cases  where  interested.     Act  June  29, 

1906 M 

Official  character  of,  in  executing  pension  papers,  how  shown.     Act  July  26, 

1892 >3 

Notice  : 

Application  for  membership  in  National  Home,  Disabled  Volunteer  Soldiers,  to 

contain,  as  to  manner  of  disposing  of  property  at  death.     Act  June  25,  1910_       :  14 

In  claims  under  the  act  of  March  3,  1899 199, 1  )] 

Of  suspension  or  dropping,  what  to  contain.     Act  December  21,  1893 :  Yi 

Pension  not  to  be  suspended  or  reduced  without — 

Act  June  21,  1879 IC 

Act  December  21,  1893 Vi 

To  pensioners  that  no  pension  will  be  paid  except  upon  vouchers  furnished  to 
pension  agents,  blanks  for  vouchers  to  contain.  Section  4767,  Revised 
Statutes IC 


INDEX.  239 

URSKS,  Army  :  Page. 

Claims  of,  regulations  and  instructions  relative  to 195 

In  War  of  Rebellion,  entitled  to  pension  ;  rate.     Act  August  5,  1892  (sec.  1)-.-         41 
No    attorney    fee    in    claims    of ;    penalty    for    taking.      Act    August    5,    1892 

(sec.  2) 41,  91,   175 

O. 

ATH   OF  ALLEGIANCE  : 

Any    person    prosecuting    claims,    required    to    take.      Section    3478,    Revised 

Statutes 84 

Form  of.     Section  1757,  Revised  Statutes 85 

Indians  not  requited  to  take.     Section  4721,  Revised  Statutes 82 

Who  may  administer.     Section  3479,  Revised  Statutes 85 

ATH    OF   OFFICE  : 

Chief   clerk   to    administer   without    compensation   therefor.      Act  August   29, 

1890 3 

To  be   administered   free  of   charge  by   notaries  public  in   employ  of  United 

States.     Act  August  29,  1890 8 

ATHS  : 

Clerk  detailed  to  investigate  attempt  at  fraud  authorized  to  administer.  Sec- 
tion 474,  Revised   Statutes 4 

False,  deemed  perjury  in  Indian  war  claims.     Act  July  27,  1892  (sec.  3) 21,165 

False,  deemed  perjury  in  Mexican  war  claims.     Act  January  29,  1887  (sec.  3)_  25,  165 

False,  deemed  perjury  in  war  of  1812  claims.     Act  March  9,  1878  (sec.  3) 19,  164 

Forging  certificate  of;  penalty.     Section  1750,  Revised  Statutes 168,164 

Form  of  to  be  taken  by  agent  or  attorney.     Section  1757,  Revised  Statutes —  85 

In    execution    of    pension    vouchers,    fourth-class    postmasters    authorized    to 

administer.     Act  August  23,  1894 117 

In  execution  of  pension  vouchers,  rural  delivery  carriers  authorized  to  ad- 
minister.    Act  June  25,  1910   (sec.  2) 117 

In  execution  of  pension  vouchers.  United  States  officers  to  administer  free  of 

charge.     Act  March  1,  1889 _■ 117 

May  be  taken  before  any  officer  authorized  to  administer  oaths  for  general 

purposes.     Acts  July  1,  1890,  and  July  26,  1892 80 

Or  acknowledgments  may  be  taken  or  made  before  United  States  commis- 
sioners.     Section    1778,    Revised    Statutes 82 

Special  examiners  authorized  to  administer.     Acts  July  25,  1882,  and  March 

3,   1891 4 

Taken  before  officer  not  required  by  law  to  have  an  official  seal,  signature, 
and  official  character,  how  certified.  Act  July  1,  1890,  joint  resolution  Sep7 
tember  1,  1890,  and  act  July  26,  1892  (sec.  1) 80,81 

'FFENSES  : 

Begun  in  one  district  and  completed  In  another,  jurisdiction  of.     Section  42, 

Judicial    Code 155 

Prior  to  January  1,  1912,  prosecutions  for,     Sectioti  300,  Judicial  Code 155 

IFFICER   OF  THE    UNITED    STATES    GOVERNMENT  : 

Bribery  of;  penalty.     Section  39,  Criminal  Code ^ 166 

Personation  of;  penalty.     Section  32,  Criminal  Code 177 

{See  also  Government  officers  or  employees  and  United  States  officer.) 

•PFICERS  : 

Benefits    of    section    2,    joint    resolution    July    1,    1902,    extended    to.      Joint 

resolution   June   28,    1906 146 

Government,  suits  against  not  to  abate  on  their  retirement,  etc.  Act  Feb- 
ruary 8,  1899 156 

Of  Army,  Navy,  Marine  Corps,  or  Revenue  Cutter  Service,  on  active  or 
retired  list  not  pensionable — 

Act  August   29,   1890 136 

Act  March  3,  1891 137 

Act  May  27,  1908 137 

IFFICIAL    CHARACTER  : 

Of  officer  not  required  by   law   to   have   a   seal,   how   certified.     Act   July   1, 

1890,  joint  resolution  September  1,  1890,  and  act  July  26,  1892  (sec.  1)_-  80,81 
>Hio  Volunteer  Light  Artillery,  First  Regiment  (3  months)  : 

Military  service  recognized.     Act  December  19,  1902 40 

►hio  Volunteer  Militia,  Second  Regiment,  Third  Brigade: 

Given  pay  despite  irregularity  of  muster.     Act  June  28,  1864 39 

T3S14°— 13 17 


240  INDEX. 

One-half  pension  :  Pag.- 

Payable  to  wife,  minor  children,  or  permanently  Iielpless  and  dependent  child, 

when.     Act  March  3,  1899 lil 

Obdee : 

Departmental,    prohibiting    notarial    charges I 

Obiginal  papers  : 

Copies  of,   how  obtained 2(1 

Orphan  brothers  and  sisters  : 

Pensionable  status  of.     Section  4707,  Revised  Statutes (' 

Regulations  and  instructions  relative  to  claims  of IJ. 

Orphan  children  : 

Different  guardians  of,  to  receive  only  share  of  joint  pension  to  which  their 

respective  wards  are  entitled.     Section  4707,  Revised  Statutes 67,  ( I 

Overpayment  : 

Pensions  not  to  be  withheld  to  meet.     Section  4734,  Revised  Statutes li ' 

To  widow,   effect   of,   on   commencement  of   minor's  pension.     Act  August  7, 

1882 ( : 


Papers :  .       i 

Copies  or  originals,  how  obtained 2(1 

Passing,  etc.  : 

Forged  obligations  of  the  United  States.     Section  151,  Criminal  Code 1< ! 

Pat: 

Pension  and,  not  allowed  unless.     Section  4724,  Revised  Statutes 1,'  I 

Pay  (back  and  extra) : 

With  whom   claims  for,   filed 2(  ! 

Payment : 

Checks  lost  or  stolen,  issue  of  duplicates.     Act  February  23,  1909 i:  I 

Dates  of.     Act  March  3,  1891 1   I 

Identity   of   pensioner   to   be   shown   before   making.      Section   4765,    Revised 

Statutes i: 

In  accrued  claims,  to  whom  made.     Act  March  2,  1895 1."  i 

In  claims  for  one-half  pension,  how  made.     Act  March  3,  1899 i: 

In  claims  for  one-half  pension.     Regulations  and  instructions  relative  to i;  i 

flailing  of  check  by  pension  agent  constitutes.     Act  March  2,  1895 130,  1.' 

Not  made  on  power  of  attorney  in  claims  of  nonresidents.     Act  March   14, 

1898 r. 

Not  to  be  withheld  or  suspended  without  notice.     Act  December  21,  1893 i: 

Of  part   of   pension   to   wife,   child,    or   parent   when   allotted   by   inmate   of 

Soldiers'  Home,  Washington,  D.  C.     Act  March  3,  1883 1: 

Of  pensions  of  inmates  of  the  National   Home,   Disabled  Volunteer   Soldiers, 

to  be  made  to  the  treasurer,  upon  a  proper  certificate.     Acts  February  26, 

1881,  and  August  7,  1882 1: 

Of  pensions  to  nonresidents,  provision  against  repealed.     Act  March  2,  1895_       1 
Of  pensions  to  widows,   conditions  as   to  date  of  marriage.     Act   March  3, 

1899 120,1 

Out  of  Navy  pension  fund  to  be  under  direction  of  Commissioner  of  Pensions. 

Section  4756,   Revised   Statutes 76, 

Personal,  may  be  made,  when.     Section  4765,  Revised  Statutes 1   ' 

To  dependent  relatives  to  be  made  during  period  of  dependence  only.     Section 

4707,  Revised  Statutes,  and  act  June  27,  1890   (sec.  1) 67,'  ! 

To  Indian  pensioners.     Act  August  8,  1882,  amending  section  4766,  Revised 

Statutes 1   ! 

To  invalid  pensioners  made  during  continuance  of  disability  only — 

Section   4692,   Revised   Statutes : 

Act  June  27,  1890  (sec.  2) i 

Act  May   9,    1900 ' 

To  pensioned  inmates,  Government  Hospital  for  the  Insane,  made  to  superin- 
tendent or  disbursing  officer  of.     Acts  August  7,  1882,  February  20,  1905, 

and  February  2,  1909 126-1   S 

To  pensioned  inmates  of  Naval  Home,  Philadelphia,  made  to  Secretary  of  the 

Navy.      Section  4813,  Revised  Statutes,  and  act  May  4,  1898 1   5 

To  pensioned  inmates  of  State  or  Territorial  Homes  to  be  made  directly  to 

pensioners.      Act  May  28,  1908 1   ( 

To  pensioners  entitled  only,  except.      Act  August  8,  1882,  amending  section 

4766,   Revised    Statutes 1   f 


INDEX.  241 

^ATMBNT — Continued.  Page. 

To  widow  on  account  of  minor  child  by  former  wife.      Section  4703,  Revised 

Statutes 63 

To  wife  or  child  of  imprisoned  or  insane  pensioner,  when  made.      Act  August 

8,  1882,  amending  section  4766,  Revised  Statutes 119 

»HNALTIES  : 

And  forfeitures,  suits  for,  where  brought.     Section  43,  Judicial  Code 155 

*BNSION   AGENCIES  : 

Clerk  hire,  subject  to  approval  of  Secretary  of  the  Interior.      Act  March  3, 

1911 115 

Dates  of  payment  by.      Act  March  3,  1891 116 

Establishment  of.      Section  4780,  Revised  Statutes 114 

Grouping  of,  for  purposes  of  payment.      Act  March  3,  1891 116 

Inspection    of.        Act    August    8,    1882,    amending    section    4766,    Revised 

Statutes 4,  119 

Ofllcer  designated  to  fill  temporarily  vacancy  in  pension  agency  may  be  re- 
quired to  give  bond.      Act  March  8,  1878 114 

Only  so  much  of  fees  for  vouchers  prepared  available  as  is  required  for  neces- 
sary expenses.      Act  March  3,  1885 114,  115 

Rooms  in  public  buildings  to  be  set  apart  for.      Act  March  1,  1889 115 

Secretary  of  the  Interior  shall  allow  necessary  expenses  of  ofllcers  temporarily 

filling  vacancies  in.      Act  March  8,  1878 114 

»BNSION   AGENTS  : 

Appointment  of  and  term  of  ofl5ce.      Section  4778,  Revised  Statutes 114 

Attorney  fees  to  be  paid  by,  only  upon  order  of  Commissioner  of  Pensions — 

Act  of  June  27,  1890   (sec.  4) 40,90,173 

Act  April  19,  1908  (sec.  3) 65,90,174 

Bond  required.      Section  4779,  Revised  Statutes 114 

Clerk  designated  to  sign  name  of,  to  oflacial  checks,  subject  to  same  liabilities 

and  penalties  as,  for  oflBcial  misconduct.      Act  June  30,  1890 115 

Clerk  to  sign  name  of,  to  oflScial  checks,  when.      Act  June  30,  1890 115 

Death,  resignation,  etc.,  of,  President  authorized  to  make  temporary  appoint- 
ment.     Act  March  8,  1878 114 

Duty    of,    upon    receipt    of    articles    of    agreement.       Section    4769,    Revised 

Statutes 85 

Salary  of.      Act  March  3,  1885 114 

Taking  fee  for  services ;  penalty.      Section  108,  Criminal  Code 175 

To  draw  check  to  the  order  of  and  to  mail  to  each  pensioner.     Section  4765, 

Revised    Statutes 117 

To  pay  fees  of  civil  surgeons.      Section  4777,  Revised  Statutes 109 

To  pay  pensions  of  inmates  of  the  Government  Hospital  for  the  Insane  to  the 
superintendent  or  disbursing  agent  upon  certificate  of  the  superintendent — 

Act  February  20,  1905 127 

Act  February  2,  1909 128 

To  pay   pensions  of  inmates  of  the  National   Home  for   Disabled  Volunteer 
Soldiers,   to   the  treasurer  upon  a  proper   certificate.      Acts   February  26, 

1881,   and  August  7,    1882 123 

To  pay  pensions  of  inmates  of  the  Soldiers'  Home,  Washington,  D.  C,  to  the 

treasurer.       Act   March   3,    1883_. 122 

To    send    quarterly    vouchers    to    each    pensioner.        Section    4764,    Revised 

Statutes 116 

5DNSI0N   APPEALS  : 

Rules  of  practice  in 103 

•BNSION    CERTIFICATE  : 

Pledging  void,  etc.      Act  February  28,  1883 175 

IDNSIONER  : 

False  impersonation  of;  penalty.     Section  33,  Criminal  Code 177 

Name  of,  stricken  from  rolls,  when — 

Act  March  9,  1878  (sec.  3) 18,164 

Act  January  29,  1887   (sec.  3) 24,165 

Act  July  27,  1892  (sec.  3) 21 

■ensign    MONEY  : 

Not  liable  to  attachment,  levy,  or  seizure.     Section  4747,  Revised  Statutes 131 

iBNSiON  Office  : 

Force  authorized.     Act  March  4,  1911 9 


242  INDEX. 

Pensions  :  Page. 

Accrued — 

Beneficiaries ]3C 

Regulations  and  instructions  relative  to  claims  for 202 

Age  made  a  permanent  specific  disability.     Act  March  4,  1907 5C 

Agents  and  attorneys  prosecuting  claims  for — 

Chapter  VI 7( 

(See  also  Agents  and  attorneys.) 
Allowed  at  age  of  62  and  over  for  service  of  90  days  in  Civil  War.     Act  Feb- 
ruary 6,   1907 27,  4( 

Allowed  to  certain  soldiers  and  sailors,  although  they  engaged  in  the  rebellion. 

Act  August  1,  1892 13{ 

And  pay,  not  allowed,  unless.     Section  4724,  Revised  Statutes 13< 

Army  nurses — 

Claims  of.     Regulations  and  instructions  relative  to 19{ 

Claims  of,  no  attorney's  fee  allowed.     Act  August  5,  1892  (sec.  2) 4: 

Entitled  to,  when.     Act  August  5,  1892  (sec.  1) 41,91,171 

Arrears  of — 

Acts  January  25,  1879,  and  March  3,  1879 58,  5! 

Commissioner  of  Pensions  to  adopt  rules,  etc.,   relative  to  payment  of. 

Act  January  25,  1879   (sec.  2) 5:i 

Bar  to  payment  of,  in  case  of  pensioners  in  civil  service,  removed.     Act  March 

1,  1879 14 

Beaty's  Company,  Scouts  and  Guides — 

Members  of,  entitled,  when.     Act  July  14,  1870 4  i 

Minor  children  of  members  of,  entitled  to,  when.     Act  July  14,  1870 4  i 

Widows  of  members  of,  entitled  to,  when.     Act  July  14,  1870 4  i 

Benefits  of  act  February  6,  1907,  extended  to  certain  survivors  of  Civil  War. 

Act  March  4,  1907 28,  5  i 

Bryson's  Company,  Mounted  Volunteers — 

Members  of,  entitled  to.     Act  March  1,  1869 4  I 

Minor  chidren  of  members  of,  entitled  to.     Act  March  1,  1869 4  I 

Widows  of  members  of,  entitled  to.     Act  March  1,  1869 4  I 

By  special  act — 

No  fee  allowed  for  securing.     Act  May  28,  1908 90, 17  i 

Not  to  be  in  addition  to  that  under  other  laws,  except.     Act  June  25, 

1882   (sec.  5) 1 1£  , 

On  account  of   increase  for  helpless   child   not  to  affect   rate   to  which 

widow  may  be  entitled  under  other  laws.     Act  March  4,  1909 Ic  i 

Colored  soldiers  borne  on  rolls  as  "  slaves,"  title  of.     Section  4723,  Revised 

Statutes J  I 

Commencement  of.      (See  Commencement  of  pensions.) 

Continued  to  certain  persons.     Section  4733,  Revised  Statutes IJ  ! 

Dates  of  payment  of.     Act  March  3,  1891 1]  i 

Department  of  the  West,  or  Department  of  the  Missouri,  oflBLcers,  etc.,  entitled 

to,  when.     Act  March  25,  1862  (sec.  2) ;  ] 

Dependent  relatives — 

Allowed  only  during  dependence.     Section  4707,  Revised  Statutes 67,  (  ] 

Assumption  of  dependence,  when.     Section  4707,  Revised  Statutes 67,  (  i 

Commencement  and  continuance  of.     Act  June  27,  1890  (sec.  1) <  1 

Date  of  commencement  of.     Section  4707,  Revised  Statutes 67,  <  i 

Dependence,  how  established.     Act  June  27,  1890  (sec.  1) <  3 

Increase  to,  when  rate  is  less  than  $12  per  month.     Act  March  19,  1886_         <  2 
Of  men  lost  in  wreck  of  Ashuelot,   12  months'  pay  to  be  deducted  from 

pensions  of.     Act  January  29,  1887   (sec.  2) 0 

Of  officers  and  men  lost  in  wreck  of  Jeannette,   12  months'  pay  allowed 
dependent  parents  to  be  deducted  from  pensions.     Act  January  3,  1887 

(sec.   3) g 

Of  soldiers  and  militiamen  murdered  at  Centralia,  Mo.   Act  March  3, 1875,  3 

Regulations  and  instructions  relative  to  claims  of — 

Brothers  and  sisters 1  4 

Fathers 1  i 

Mothers 1  3 

Succession  of.     Section  4707,  Revised  Statutes 67,    8 

Disability   (prior  to  Mar.  4,  1861),  commencement  of.     Section  4713,  Revised 

Statutes 8 


il 


INDEX.  243 

Pensions — Continued.  Page. 

Division  of — 

On  pensioner's  desertion  of  wife,  minor  children,  or  permanently  helpless 

and  dependent  child.     Act  March  3,  1899 120 

Regulations  and  instructions  relative  to  claims  for 196 

Evidence  required  in  claims  for  invalid 187 

For  disability  or  death  prior  to  March  4,  1861,  regulations  and  instructions 

relative  to ^ 186 

Granted  upon  presumption  of  death  of  officer  or  enlisted  man,  terminated  upon 

proof  that  he  is  still  living.    Act  March  13,  1896 73 

Grouping  of  pension  agencies  for  purposes  of  payment  of.    Act  March  3,  1891-       116 

Helpless  children,  claims  of,  regulations  and  instructions  relative  to 192 

Helpless  minors,  rate  to,  increased  to  $12  per  month.     Act  April  19,   1908 

(sec.   1) 65 

Historical  data  relative  to  pension  legislation  prior  to  1861 28 

Increase  of.      (See  Rate.) 
Indian  wars — 

Certificate  of  discharge,  loss  of,  no  bar  to.     Act  July  27,  1892  (sec.  3) 21 

Citizenship,  how  proven.     Act  February  3,  1893 — 23 

Disloyalty  not  a  bar.     Act  July  27,  1892  (sec.  6) 21 

Dropping  of  names  from  rolls  on  account  of  fraud,  etc.     Act  July  27,  1892 

(sec.   3) 21 

Fee  contracts  prior  to  passage  of  act,  null  and  void.    Acts  June  27,  1902, 

and  May  30,  1908 22,  23,  92 

Foreigners  not  entitled  to.     Act  July  27,  1892  (sec.  1) 21 

For  service  not  to  be  in  addition  to  pension  allowed  under  other  laws.    Act 

July  27,  1892   (sec.  2) 21 

Honorable  discharge  necessary.     Act  July  27,  1892  (sec.  1) 21 

Period  of  service  to  give  title.     Act  July  27,  1892  (sec.  1) 21 

Service,  record  of  pay  accepted  as  evidence  of.     Acts  June  27,  1902,  and 

May  30,  1908 ^ 22,23 

Survivors  of,  given  status  ;  rate — 

Act  July  27,  1892 20 

Act  June  27,  1902 22 

Act  May  30,  1908 23 

Widows  and  minor  children  of  certain  officers  and  men  engaged  in,  given 

status.     Section  4732,  Revised  Statutes 16 

Widows  of  persons  engaged  in,  given  title  ;  rate — 

Act  July  27,  1892 21 

Act  January  27,  1902 22 

Act  May  30,  1908 23 

Insane  or  permanently  helpless  children,  pension  of,  to  continue  during  life 
or  disability — 

Act  June  27,  1890 40,64 

i  Act  May  9,  1900 48,64 

Invalid,  Army  (prior  to  Mar.  4,  1861)  — 
Laws  and  regulations  relative  to,  extended  to  militia  in  service  of  United 

States.     Act  April  24,  1816 14 

Officers  and  men  given  pensionable  status.     Act  March  16,  1802 13 

Rates.     Act  April  24,  1816 _ 14 

Volunteers  or  militia  to  suppress  Indian  depredations  in   Florida  given 

pensionable  status.     Section  1657,  Revised  Statutes 15 

Invalid,  Navy  (prior  to  Mar.  4,  1861)  — 

Disabled  officers  and  seamen  given  status.     Section  4728,  Revised  Statutes.         15 

Rates  based  on  rank.     Section  4728,  Revised  Statutes 15 

Invalid   (prior  to  Mar.  4,  1801)  — 

Regulations  and  instructions  relative  to 183 

Invalid  (since  Mar.  4,  1801)  — 

Beneficiaries  entitled  because  of  disability  enumerated.     Section  4693,  Re- 
vised Statutes ' 32 

Continuance  of  disability  pension.     Section  4692,  Revised  Statutes 32 

Granted  for  disability.     Section  4692,  Revised  Statutes 32 

,  Regulations  and  instructions  relative  to 186 

Kansas  Colored  Volunteers  (First),  title  to.     Act  March  3,  1891- 38 

Legitimacy  of  children.     Section  4704,  Revised  Statutes 66 

i:       Limitation  in  cases  of  disability  incurred  since  July  27,  1868.     Section  4694, 
f  Revised   Statutes 42 


244  INDEX. 


I 


Pensions — Continued.  Pag?. 

Limitation  of  section  4716,  Revised  Statutes,  removed  in  certain  cases.     Joint 

resolution,  July  1,  1902   (sec.  1) i;  6 

Loyalty  a  requisite  of.     Section  4716,  Revised  Statutes i;  y 

Marriage  prior  to  June  27,  1890,  necessary  to  widow's  title  to — 

Act  June  27,   1890 46,(4 

Act  May  9,  1900 48,(4 

Act  April  19,  1908 (S 

May  be  paid  to — 

Guardians  of  persons  under  legal  disabilities.     Act  August  8,  1882,  amend- 
ing section  4766,  Revised  Statutes 1  t 

Wife  or  guardian  of  children  of  insane  pensioner,  when.     Act  August  S, 

1882,  amending  section  4766,  Revised  Statutes 1  S 

Medical  Reserve  Corps,  officers  of,  entitled,  when.     Act  April  23,  1908  (sec.  9)-         ;  -3 
Militiamen  or  nonenlisted  persons,  claims  of,  for  disability,  must  have  been 
prosecuted  to  successful  issue  prior  to  July  4,  1874.     Section  4693,  Revised 

Statutes ;  2 

Militia,   Organized — 
Title  to— 

Act  January  21,  1903  (sees.  4,  7,  and  22) 

Act  May  27,  1908  (sees.  3  and  5) t 

Widows  and  minor  children  of  members  of,  entitled  to — 

Act  January  21,  1903  (sees.  4,  7,  and  22) :  I 

Act  May  27,  1908  (sees.  3  and  5) ( 

Minors — 

Commencement  of.     Section  4702,  Revised  Statutes '  I 

Date  of  commencement  of,  on  abandonment  by  widow.     Section  4706,  Re- 
vised Statutes '  1 

Entitled  to,  until  16  years  of  age.     Section  4702,  Revised  Statutes J 

Increase  to,  when  rate  is  less  than  $12  per  month — 

Act  March  19,  1886 

Act  April  19,  1908  (sec.  1) J 

Of  men  lost  in  wreck  of  Ashuelot,  12  months'  pay  to  be  deducted  from 

pensions  of.     Act  January  29,  1887  (sec.  2) 

Of  oflScers  and  men  lost  in  wreck  of  Jeannette,  12  months'  pay  allowed, 

to  be  deducted  from  pensions  of.     Act  January  3,  1887  (sec.  3) « 

Of  officers  and  men  who  served  90  days  in  War  of  Rebellion  and  were  hon- 
orably discharged,  entitled  to  pension,  when.     Acts  June  27,  1890,  and 

May  9,  1900 46,  48,    i 

Of  soldiers  and  militiamen  who  were  murdered  at  Centralia,  Mo.,  pen- 
sioned.    Act  March  3,  1875 c 

One-half  pension  payable  to  guardian  of,  when.     Act  March  3,  1899 1  C 

Regulations  and  instructions  relative  to 1  1 

To  equal  that  of  a  widow  where  no  widow  entitled.     Section  4703,  Re- 
vised Statutes £ 

Under  different  guardians,  each  to  receive  only  share  to  which  his  respec- 
tive ward  entitled.     Section  4707,  Revised  Statutes 'o7,    i 

Missouri  State  Militia  and  Provisional  Missouri  Militia — 

Limitations  as  to  commencement  of  pensions  on  account  of  disability  of 

service  origin.     Section  4722,  Revised  Statutes S 

Survivors  of,  given  pensionable  status  for  disability.     Section  4722,  Re- 
vised Statutes S 

Widows  of  members  of,  given  pensionable  status  when  death  resulted  from 

service.     Section  4722,  Revised   Statutes 3 

Navy  service,  regulations  and  instructions  relative  to 1  C 

Nez  Perce  Indian  War ;  title  to,  of — 

Minors  of  persons  engaged  in.     Act  March  3,  1881 9 

Widows  of  persons  engaged  in.     Act  March  3,  1881 8 

Not  allowed  to  persons  in  Revenue-Cutter  Service.     Act  May  27,  1908 1   7 

Not  liable  to  attachment,  levy,  or  seizure.     Section  4747,  Revised  Statutes —       1   1 
Not  to  be  withdrawn  or  reduced  except  upon  notice  and  hearing.     Act  June 

21,  1879,  section  3 3    0 

Not  to  be  withheld  or  suspended  until  after  notice.     Act  December  21,  1893 —       1   T 
Officers  and  men  honorably  discharged  from   rebellion  service  of  90  days  or 
more,  entitled  for  disability  not  result  of  vicious  habits — 

Act  June  27,   1890   (sec.  2) 3 

Act  May  9,  1900 . I 


INDEX.  245 

*BNsroNS — Continued.  Page. 

Officers  and  men  lost  in  wreck  of  Jeannette,  date  of  decease  of.     Act  January 

3,   1887    (sec.  2) 69 

Of  foreign  residents,  not  to  be  paid   on  power  of  attorney.     Act  March   14, 

1898 121 

Of  inmates  of  Government  Hospital  for  the  Insane — 
How  disbursed— 

Act   February   20,   1905 127 

Act   February   2,    1909 128 

Paid  to  superintendent   or  disbursing  agent  upon   certificate  of  superin- 
tendent— 

Act  February  20,  1905 - 12T 

Act   February   2,    1909 128 

t-     Of  inmates  of  National  Home  for  Disabled  Volunteer  Soldiers,  how  disbursed. 

:  Acts  February  26,  1881,  and  August  7,  1882 123 

Of  inmates  of  Soldiers'  Home.  Washington,  D.  C. — 

How  disbursed.    Act  March  3,  1883___^ 122 

Payable  to  treasurer.     Act  March  3,  1883 122 

Of  inmates  of  State  soldiers'  homes  to  be  paid  to  them  directly.     Act  May  28, 

1908 126 

Of   insane   or   imprisoned   persons ;    regulations   and   instructions   relative   to 

claims  of,  filed  by  wives  or  children  of 202 

Of  persons  in  arrears  not  to  be  withheld.     Section  4734,  Revised  Statutes 137 

Of  widows,   payment  of,  conditions  as  to  date  of  marriage.     Act  March  3, 

1899 120,    121 

One  only  for  same  period.     Section  4715,  Revised  Statutes 134 

Open    and    notorious    adulterous    cohabitation    of    widow    terminates.      Act 

August  7,  1882    (sec.   2) 62 

Payment  for  fractional  parts  of  quarters  authorized.     Act  March  3,  1891 116 

Payment  of,  to  nonresidents,  provision  against,  repealed.     Act  March  2,  1895_       121 

Penalty  for  wrongfully  withholding.     Act  June  27,  1890  (sec.  4) 46,90, 173 

Pensioners  may  be  required  to  -appear  personally  to  receive.     Section  4765, 

Revised   Statutes 117 

Permanently  helpless  and  dependent  child,  one-half  pension  payable  to,  when. 

Act  March  3,  1899 120 

Persons  on  active  or  retired  list  not  entitled  to — 

Act  August  29,   1890. (sec.  2) 136 

Act  March  3,  1891 137 

Act   May    27,    1908 137 

Provisions  of  act  June  27,  1890,  extended  to  Missouri  State  Militia  and  Pro- 
visional Missouri  Militia.     Joint  resolution  February  15,  1895 1_         48 

Rate   (see  Tables  of  rates) 148 

Rates  of — 

Original,  restored  in  certain  cases.     Act  June  9,  1880 IT 

To  those  whose  rights  accrued  subsequent  to  March  4,  1861,  extended  to 
those  whose  rights  accrued  prior  to  that  date.     Section  4712,  Revised 

Statutes IT 

Reimbursement  claims.     Regulations  and  instructions  relative  to 202 

Renewal   and  restoration,   claims  for.     Regulations  and   instructions  relative 

to 195 

Revolutionary  War,  widows,  of  soldiers  engaged  in,  entitled  to  $8  per  month. 

Act  March  9,   1878    (sec.  6) 2ft 

Right  of  election — 

Section  4715,  Revised  Statutes 134 

Acts  June  27,  1890   (sec.  2),  and  May  9,  1900 45,47 

Secretary   of  the   Interior   charged   with   supervision   of  business   relating   to. 

Section  441,  Revised  Statutes X 

Share  of,  when  paid  to  inmate  of  the  Government  Hospital   for  the  Insane, 

regulations  and  instructions 201 

Soundness  at  enlistment  presumed.     Act  March  3,  1885 6ft 

Terminated    by    three    years'    failure    to    claim;    restoration.      Section    4719, 

Revised    Statutes 1 131 

(See  also  Dropping  name  from  pension  roll.) 
To  be  paid  in  cash,  in  the  discretion  of  the  Commissioner  of  Pensions.     Act 

f  August  8,  1882,  amending  section  4766,  Revised  Statutes 119 

To  be  paid  only  to  persons  entitled.     Act  August  8,   1882,  amending  section 

4766,  Revised  Statutes 119 


246 


INDEX. 


Pensions — Continued.  p^,, 

To  Indian  pensioners  residing  in  Indian  Territory,  how  paid.     Act  August  8, 

1882,  amending  section  4766,  Revised  Statutes 11 

To   officers   and   seamen,   Revenue-Cutter    Service,   disabled   wliile   cooperating 

with  the  Navy.     Section  4741,  Revised  Statutes 3 

Two  at  the  same  time  not  allowed.     Section  4715,  Revised  Statutes 13 

Under  special  act — 

Date  of  commencement.     Section  4720,  Revised  Statutes 13 

Equalized..    Act  June  6,  1874 13 

Not  to  be  allowed  in  addition  to  those  granted  under  general  laws,  except. 

Act  July  25,  1882   (sec.  5) li 

Not  to  be  subject  to  provisions  of  general  pension  laws.  when.     Section 

4720,  Revised  Statutes 3  3 

War  of  1812 — 

Bounty-land  warrant,  prima  facie  evidence  of  service  and  honorable  dis- 
charge.    Act  March  9,  1878  (sec.  3) 1 

Certificate  of  discharge,  loss  of,  not  a  bar  to.     Act  March  9,  1878  (sec.  3)_  1 

Disloyalty  not  a  bar  to.     Act  March  9,  1878  (sees.  5  and  6) 19,  2 

Dropping  of  name  from  roll  on  account  of  fraud,  etc.     Act  March  9,  1878 

(sec.  3) 1 

False  oaths  in  claims  deemed  perjury.     Act  March  9,  1878  (sec.  3) 19,  1  J 

Granted  for  service  in,  not  to  be  in  addition  to  pension  allowed  under 

other  laws.     Act  March  9.  1878   (see.  2) I 

Honorable  discharge  necessary.    Act  Mai-ch  9,  1878  (sec.  1) 1 

Period  of  service  requisite  to  title.     Act  March  9,  1878  (sec.  1) 1 

Rate  and  continuance.     Act  March  9,  1878   (sec.  2) I 

Survivors  given  pensionable  status.     Act  March  9,  1878  (sec.  1) I 

Widows  and  minor  children  of  certain  officers  and  men  engaged  in,  given 

pensionable  status.     Section  4732,  Revised  Statutes I 

Widows  of  officers  and  men   engaged  in,  given  pensionable  status.     Act 

March  19,  1878   (.sec.  1) I 

War  with  Mexico — 

Honorable  discharge  necessary — 

Section   4730,   Revised   Statutes 2 

Act  January  29,  1887  (sec.  1) > 

Act  February  6,  1907   (sec.  1) 27,  H 

Not  to  be  in  addition  to  pension  allowed  under  other  laws — 

Act  January  29,  1887  (sec.  2) >l 

Act  February  6,   1907    (sec.   1) 27,  1! 

War  with  Mexico   (disability)  — 

Regulars  and  volunteers  entitled  to.     Section  4730,  Revised  Statutes I 

Remarriage  of  widow  casts  title  on  minors.     Section  4731,  Revised  Stat- 
utes    I 

Widows  and  minors  of  persons  engaged  in,  given  pensionable  status  where 
husband's  or  father's  death  resulted  from  disability  of  service  origin. 

Section  4731,  Revised  Statutes >• 

War  with  Mexico   (service)  — 

Age,  dependence,  or  disability,  as  well  as  honorable  discharge,  necessary 

to  title.     Act  January  29.  1887   (sec.  1) 2- 

Bounty-land  warrant  prima  facie  evidence  of  service  and  honorable  dis- 
charge.    Act  January  29,  1887   (sec.  3) 21 

Certificate   of   discharge,    loss  of,   not   a  bar   to.     Act   January   29,    1887 

(sec.  3) 21 

Disloyalty  not  a  bar  to.     Act  January  29,  1887   (sec.  5) 2! 

Dropping   name   from   roll   on   account   of   fraud,   etc.      Act   January   29, 

1887   (sec.  3) 2! 

False  oath  deemed  perjury.     Act  January  29,  1887   (sec.  3) 25,     3{ 

Gray's  Battalion,  survivors,  and  widows  of,  entitled.     Act  February  17, 

1897 y, 

Increase  of,  to  certain  survivors — 

Act  January  5,   1893 2( 

Act  April  23,   1900 1 2( 

Increase  of,  to  all  survivors.      Act  March  3,  1903 2( 

Not   granted   for   disability   incurred   while    aiding    rebellion    against   the 
United    States,    or    to    one    under    political    disability    imposed    by    the 
fourteenth  amendment  to  the  Constitution  of  the  United  States.     Act  , 
January  29,  1887  (sees.  4  and  6) 24    2£ 


INDEX.  247 

Pbnsions — Continued.  Page. 

War  with   Mexico    (service) — Continued. 

Political  disability  imposed  by  the  fourteenth  amendment  to  the  Consti- 
tution removed.      Act  June  6,   1898 26 

Powell's  Battalion,  members  and  widows  entitled.      Act  March  3,  1891 27 

Rate  and  continuance.     Act  January  29,  1887  (sec.  2) 24 

Service,  length  of,  requisite  to  title.      Act  January  29,  1887   (sec.  1) 24 

Survivors  entitled.      Act  January  29,   1887    (sec.   1) 24 

Widows  entitled.      Act  January  29,  1887   (sec.  1) 24 

War  with  Mexico  (service  and  age)  — 

Agents    and    attorneys    not    entitled    to    fees.     Act    February    6,    1907 

(sec.     3) 28,  50,92 

Rank  in  service  not  considered.      Act  February  6,  1907   (sec.  2) 28,50 

Rate  allowed.      Act  February  6,  1907  (sec.  1) 27,49 

Survivors  62  years  or  over  of  age  entitled  to,  if  honorably  discharged 
after  60  days  or  more  of  service — 

Act  February  6,  1907   (sec.  1) 27,49 

Act   March    4,    1907_^ 28 

Wife,  one-half  pension  payable  to,  when.      Act  March  3,  1899 120 

Widows — 

Abandonment    of    minor    child    by.     forfeits.        Section    4706,     Revised 

Statutes 67 

Commencement  of — 

Section  4702,   Revised  Statutes 61 

Act  June  7,   1888 62 

Act  June  27,   1890    (sec.   3) 46,64 

Act  May  9,  1900 48,65 

Act  April  19,  1908   (sec.  2) 65 

Death  incident  to  service  not  a  requisite  of  title  to — 

Act  June  27,   1890    (sec.  3) 46,64 

Act  May  9,  1900 1 48,65 

Act  April  19,  1908 65 

Increase  to — 

For  each  child  of  soldier  or  sailor  under  16  years  of  age — 

Section  4703,  Revised   Statutes 63 

Act  June  27,   1890   (sec.  3) 46,64 

Act»May   9,    1900 ! 48,65 

Act  April    19,   1908    (sec.   2) 65 

Where  rate  is  less  than  $12  per  month — 

Act   March    19,    1886 62 

Act  April  19,  1908   (sec.  1) 65 

Marriage — 

Date  of,  effect  on — 

Rate.      A'ct  March  19,   1886 62 

Title- 
Act  June  27,   1890    (sec.   3) 46,64 

Act  March  3,  1899 66,120 

Act  May  9,  1900 48,65 

Act  April   19.   1908   (sec.  2) 65 

How  proved — 

Generally.      Act  August  7.  1882  (sec.  2) 62 

In  colored  and  Indian  claims.      Section  4705,  Revised  Statutes.         67 
Not  entitled  to  pension  on  renewed  widowhood — 
If  already  in  receipt  of  pension — 

Act  March  3.  1901    (sec.  1) 70,71 

Act  February  28,   1903    (sec.   1) 72 

If  pension  has  accrued  to  minor  or  helpless  child,  unless — 

Act  March  3,  1901    (sec.   1) 70,71 

Act  February  28,  1903   (sec.  1) 72 

Not  granted  for  same  period  for  which  husband  received  pension.     Section 

4735,  Revised  Statutes 73 

Of  men  lost  in  wreck  of  steamer  Ashuelot,  12  months'  pay  to  be  deducted 

from  pensions  of.     Act  January  29,  1887  (sec.  2) 70 

Of  Officers  and  men  lost  in  wreck  of  steamer  Jeannette,  12  months'  pay  to 

be  deducted  from  pensions  of.     Act  January  3,  1887   (sec.  3) 69 

Of  officers  and  men  who  served  90  days  or  more  in  the  Civil  War  and  were 
honorably  discharged  therefrom,  entitled  to  $12  per  month.  Act  April 
19,   1908    (sec.  2) . 65 


248 


INDEX. 


Pensions — Continued,  Page. 

Widows — Continued. 

Of  officers  and  men  who  served  90  days  or  more  in  the  War  of  the  Rebel- 
lion and  received  an  honorable  discharge  therefrom,  entitled  to,  when 
without  other  means  of  support  than  daily  labor,  etc. — 

Act  June  27,  1890   (sec.  3) 46,64 

Act  May  9,  1900 48,65 

Of  Revolutionary  soldiers  entitled  to  $8  per  month.     Act  March  9,  1878 

(sec.  6) , : 20 

Of  soldiers  and  militiamen  murdered  at   Centralia,   Mo.     Act  March   3, 

1875 ^__         63 

On   renewed  widowhood,   commencement  of — 

Act  March  3,  1891  (sec.  1) 70,  7J 

Act  February  28,  1903   (sec.  1) 7S 

Or  guardians,  not  to  be  deprived  of  additional  pension  on  account  of 
maintenance   of   minor   child   by    State   or    public   institution.     Section 

.     4703,  Revised  Statutes 6f 

Period  of  payment  to,  on  account  of  child  by  former  wife.     Section  4703, 

Revised  Statutes , 6c 

Rates  of.     Table  of  rates,  No.  4 15: 

Rate  to — 

Increased  to  $12  per  month — 

Act  March  19,  1886 61 

Act  April  19,  1908  (sec.  1) 65 

Not  affected  by  additional  grant,  by  special  act,  on  account  of  help- 
less child.     Act  March  4,  1909 13- 

Regulations  and  instructions  relative  to 19< 

Remarriage  of,  terminates.     Section  4708,  Revised  Statutes 6 

Right  to  restoration  on  renewed  widowhood  extended  to,  where  barred 
under  act  of  March  3,  1865,  by  reason  of  remarriage.     Act  February  28, 

1903   (sec.  2) 7 

Title  to— 

If  husband's  death  cause  originated  in  service  and  line  of  duty  since 

March  4,  1861.     Section  4702,  Revised  Statutes 6 

On  account  of  renewed  widowhood,  conditions  of — 

Act  March  3,  1901    (sec.  1) 70,7 

Act  February  28,  1903   (sec.  1) ^ 7 

Widows,  Army  (based  on  service  prior  to  March  4,  1861)  — 

Continuance    and    duration    of    half-pay    allowance.     Sections    4725    and 

4726,  Revised  Statutes 16,1 

Of  certain  officers  and  men  who  served  in  War  of  1812,  and  Indian  wars 
since  1790  ;   rates — 

Section  4732,  Revised  Statutes 1 

Act  March  9,  1878 . 1 

Act  July  27,  1892 2 

Act  June  27,  1902 2 

Act  May  30,  1908 2 

Of  certain  officers  and  men  who  served  in  War  with  Mexico.     Act  January 

29,   1887 2 

Of  officers  and  men  of  militia  or  volunteers  who  died  in  service,  or  at  any 
time,  of  wounds  received  in  service  ;  rate.  Section  1656,  Revised  Stat- 
utes   ]  > 

Rates  of  half-pay  pension.     Section  4727,  Revised  Statutes J  ' 

Widows,  Navy   (based  on  service  prior  to  March  4,  1861)  — 

Of  certain  officers  and  seamen  entitled  to.  Section  4729,  Revised  Stat- 
utes   i 

Rates  of.     Section  4729,  Revised  Statutes 3  > 

Perjury  : 

Before  consular  officer,  jurisdiction  of  ;  penalty.     Section  1750,  Revised  Stat- 
utes  163,  1(  t 

Defined;  penalty  for.     Section  125,  Criminal  Code 1(  I 

Evidence  of.  signature  of  executing  officer  proved  by  seal.     Section  1750,  Re- 
vised Statutes 163,  1(  t 

False  oath  deemed — 

Act  March  9,  1878  (sec.  3) 19,  1(  [ 

Act  January  29,  1887  (sec.  3) 24,  1(  J 

Act  July  27,  1892    (sec.  3) 21,  K   i 

Form  of  indictment  for.     Section  5396,  Revised  Statutes K  i 


f 


INDEX.  249 

Phemanbnt  and  specific  disabilities  :  .  Page. 

Rates  for.     Table  of  rates,  No.  li 149 

Pbbmanbntly  helpless  and  dependent  child: 

One-half  pension  payable  to,  when.     Act  March  3,  1899 120 

Personal  aid  and  attendance  : 

Rates  for.     Table  of  rates,  No.  2 149 

Pilots  : 

In  merchant-marine  service  drafted  in  time  of  war,  pensionable  status  of.     Act 

May  28,  1906 14T 

Not  regularly  mustered,  serving  on  gunboats  or  war  vessels,  entitled  for  dis- 
ability.    Section  4693,  Revised  Statutes 82 

Pledging  pension  certificate  : 

Penalty.     Act  February  28,  1883,  amending  section  4745,  Revised  Statutes—^        175 
Political  disabilities  : 

Created,  fourteenth  amendment  to  Constitution  of  the  United  States 26 

Made  a  factor  in  determining  title  in  Mexican  War  service  claims.     Act  Janu- 
ary 29,  1887   (sec.  6) 25 

Removal  of  bar.     Act  June  6,  1898 -  26 

Postage : 

Amount  permissible  to  attorneys 94,97 

Postmasters  : 

Fourth-class   may   administer   oaths   in   execution   of   pension   vouchers.     Act 

August  23,  1894 117 

/Rural  delivery  carriers  may  administer  oaths  in  execution  of  pension  vouchers. 

Act  June  25,  1910 117 

Powell's  Battalion  : 

War   with   Mexico,   members   or   widows   entitled   to   pension.     Act   March   3, 

1891 27 

Power  of  attorney  : 

Penalty  for  forging,  or  transmitting  forged.     Section  29,  Criminal  Code 161 

Pensions  of  foreign  residents  not  to  be  paid  on.     Act  March  14,  1898 121 

Presumption  : 

Of  death  from  seven  years'  unexplained  absence.     Act  March  13,  1896 73 

Of  legal  termination  of  pension.     Section  4719,  Revised  Statutes 131 

Of  soundness  at  enlistment.     Act  March  3,  1885 60 

Principals  : 

Defined.     Section  332,  Criminal  Code 181 

Printed  instructions  : 

In  pension  claims,  furnished  free  of  charge.     Section  4748,  Revised  Statutes 79 

Prior  soundness  : 

Presumption  of.     Act  March  3,  1885 60 

Privateer  pension  fund  : 

How  derived.     Section  4759,  Revised  Statutes 77 

Secretary  of  the  Navy  to  be  trustee  of.     Section  4758,  Revised  Statutes 77 

To  be  paid  into  Treasury.     Section  4760,  Revised  Statutes 78 

Privateers  : 

Commanding  officer  of,  to  enter  in  journal  name  and  rank  of  wounded  or  dis- 
abled officer  or  seaman.     Section  4762,  Revised  Statutes 78 

Transcript  of  journal  to  be  transmitted  to  the  Secretary  of  the  Navy.     Section 

4763,  Revised  Statutes T8 

Privateers  MEN  : 

Wounded  or  disabled,  Secretary  of  the  Interior  required  to  place  on  pension 

list;  rates.     Section  4761,  Revised  Statutes 78 

Private  secretary  to  Commissioner  of  Pensions  : 

Authorized.     Act  March  3,   1905 3 

Salary.     Act  March  4,  1911 9 

Prize  money  : 

Accruing  to  United  States,  to  remain  a  fund  for  pensions.     Section  4752,  Re- 
vised Statutes 75 

Professional  assistance  : 

To  be  furnished  by  Attorney  General,  etc.     Section  187,  Revised  Statutes 6 

Prohibition  : 

Against  persons  formerly  in  departments  prosecuting  claims  in  them  for  two 

years  after  separation  from  service.     Section  190,  Revised  Statutes 84 


250  INDEX. 


Peosecutions  :  Page. 

For  offenses  prior  to  January  1,  1912.     Section  300,  Judicial  Code 15  i 

Provisional  Missouri  Militia: 

Pensionable  status  of.     Section  4722,  Revised  Statutes 3  J 

Provision   of  act  June  27,   1890,  extended  to  include.     Joint  resolution   Feb- 
ruary 15,  1895 4i 

Provost  marshal  and  deputy  provost  marshal  : 

Pensionable  status  of.     Section  4698,  Revised  Statutes 3} 

Public  officer  : 

False  certificate  by;  penalty.     Section  106,  Criminal  Code 16  3 

Public  property  : 

Unlawful  purchase  of;  penalty.     Section  35,  Criminal  Code 15  7 

Public  records  : 

Destroying,  etc.,  penalty.     Section  128,  Criminal  Code IJ  J 

Destruction  of,  by  officer  in  charge.     Section  129,  Criminal  Code 18  3 

Q. 

Qualified  surgeons  : 

Not  exceeding  four,  Secretary  of  the  Interior  authorized  to  appoint.     Section 

4776,  Revised  Statutes 1(9 

R. 

Rank  : 

Determined  by  date  of  commission  or  appointment,  when.     Section  4696,  Re- 
vised  Statutes ^.  3 

Held  at  time  of  contracting  disability  governs  rate  of  pension,  when.     Sections 

4695  and  4696,  Revised  Statutes 42,  -  3 

How  determined  in  case  of  remuster.     Act  February  24,  1897 4 

Not  considered  in  determining  rate  under — 

Act  June  27,  1890 6 

Act  May  9,  1900 8 

Act  February  6,  1907 28,    9 

Rate  : 

According  to  rank  at  date  of  incurrence  of  disability.     Section  4696,  Revised 

Statutes 3 

Arrears  of  pension.     Acts  January  25,  1879,  and  March  3,  1879 58,    9 

$18,  division  of,  for  degrees  of  disability  less  than  total.     Section  4699,  Revised 

Statutes 7 

Equalization  of.     Act  June  6,  1874 1  4 

For  amputation  of  leg  at  hip  joint.     Act  March  3,  1879 1 

For  Army  nurses,  Rebellion  service.     Act  August  5,  1892   (sec.  1) 1 

For  dependent  relatives — 

Section  4707,  Revised  Statutes 7 

Act  June  27,  1890   (sec.  1) l 9 

For  Indian  war  survivors  or  widows — 

Act  July  27,  1892 .0 

Act  June  27,  1902 ;2 

Act  May  30,  1908 13 

For  loss  of  arm  at  or  above  elbow  ;  or  leg  at  or  above  knee.    Act  June  18,  1874_  >4 
For  loss  of  arm  at  shoulder  joint  and  loss  of  leg  at  hip  joint,  equalized.     Act 

March  3,   1885 55 

For  loss  of  both  hands  or  both  feet,  or  sight  of  both  eyes.    Act  June  17,  1878_  '3 

For  loss  of  one  hand  and  one  foot.     Act  February  28,  1877 A 

For  loss  of  sight  of  both  eye.?.     (Act  June  17,  1878,  construed.)     Act  March  3, 

1879 )3 

For  Mexican  War  survivors  or  widows.     Act  January  29,  1887 24 

For  nonspecific  disabilities,  fixed  by  office  rulings.     Table  of  rates,  No.  3 :  )0 

For  permanent  specific  disabilities,  subsequent  to  July  4,  1864,  and  prior  to 

June  4,  1872.     Section  4697,  Revised  Statutes )0 

For  permanent  specific  disabilities  subsequent  to  June  4,  1872.     Section  4698, 

Revised  Statutes >1 

For  permanent  specific  disabilities.     Table  of  rates.  No.  2 19 

For  remarried  widows,  on  restoration  to  the  rolls — 

Act  March  3,  1901 TO 

Act  February  28,  1903 r2 

For  service  pensions,  etc.     Table  of  rates,  No.  4 51 


INDEX.  251 

Rate — Continued.  Page. 

For  simple  total  disability.     Table  of  rates,  No.  1 148 

For  total  disability.     Section  4695,  Revised  Statutes 42 

For  total  disability,  certain  naval  officers  entitled  according  to  relative  rank. 

Acts  March  3,  1S77,  and  June  3  8,  1878 113 

For  total  disability,  requiring  frequent  and  periodical  aid ;  intermediate  grade. 

Act  July  14,  1892 57 

For  total  incapacity  for  manual  labor.     Act  March  3,  1883 54 

For  widows  and  minors — 
Increase  in — 

Act    March    19,    1886 62 

Act  April  19,  1908    (sec.  1) 65 

Two  dollars  per  month  additional  for  each  child  under  16  years  of  age — 

Section  4703,   Revised   Statutes 63 

Act  June  27,   1890    (sec.  3) 46,64 

Act   May    9,    1900 48,64 

In  case  of  remuster.     Act  February  24,  1897 44 

In  claims  allowed  by  special  act.     Section  4720,  Revised  Statutes 134 

Increase,  commencement  of.     Section  4698 J,  Revised  Statutes 57 

Increase  of,  for — 

Loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee — 

Act  March  3,  1883 54 

Act  August  4,    1886 55 

Loss  of  arm  at  or  above   elbow,  or   leg  at  or  above  knee,  or  total   dis- 
ability in  same.     Act  March  2,  1903 55 

Loss  of  arm  at  shoulder  joint,   or  leg  at  hip  joint,  or  inability  to   use 
artificial  limb — 

Act  August  4,   1886 55 

Act  March  2,   1903 55 

Loss  of  both  feet.    Act  March  2,  1903 55 

Loss  of  both  hands.     Act  February  12,  1889 53 

Loss  of  one  hand  and  one  foot,  or  total  disability  in  same.     Act  March 

2,   1903 55 

Loss  of  one  hand  or  one  foot,  or  total  disability  In  same — 

Act  March  3,  1883 54 

Act  August  4,   1886 55 

Act  March  2,   1903 55 

Total  blindness.     Act  April  8,  1904 53 

Total  deafness — 

Act  August  27,    1888 56 

Act  January  15,   1903 56 

Total  helplessness — 

Act   June   18,   1874 52 

Act  June   16,   1880 52 

Total  helplessness,  requiring  regular  aid  and  attendance.     Act  March  4, 

1890 56 

Minimum  of  $6  established  in  invalid  claims  based  on  disability.     Act  March 

2,    1895 57 

Minimum   of   $12   to  widows,    minors   under    16   years,    and   helpless   minors. 

Act  April  19,  1908   (sec.  1) 65 

Of    service    pension,    Navy    pension    fund.       Sections    4756,    4757,    Revised 

Statutes 76,  77 

Of  widow's  pension  not  affected  by  additional  to  widow  or  guardian,  under 

special  act,  because  of  helpless  child.     Act  March  4,  1909 134 

Rank  not  considered  in  determining — 

Act  June  27,  1890    (sec.   2) 45 

Act  May  9,  1900 48 

Act  February  6,  1907   (sec.  2) 28,49 

Act  April  19,  1908   (sec.  2) 65 

To  widows  and  minors,  same  as  that  to  which  soldier  or  sailor  entitled  for 

total  disability.     Section  4702,  Revised  Statutes 61 

Rating  : 

To  be  specifically  stated  in  report  of  examining  surgeons.     Act  May  28,  1908__        312 
Receiving  stolen  pkoperty  : 

Section  48,  Criminal  Code 180 


252  INDEX. 

Ebcords  : 

Making  false  entries  in  ;  penalty.     Act  March  4,  1911 

Public,  penalty  for  forging.     Section  28,  Criminal  Code 

Reduction  op  pension  : 

Commissioner's  authority  for.     Act  June  21,  1879 

Rkqdlations  and  instructions  : 

As  to  accrued  and  reimbursement  claims 

As  to  applications  for  artificial  limbs  or  medical  appliances 

As  to  applications  for  back  pay,  extra  pay,  bounty,  or  prize  money 

As  to  applications  for  certificate  of  service  in  lieu  of  lost  discharge 

As  to  claims  for  payment  of  pension  to  wives  of  insane  pensioners,  or  to  wives 

of  pensioners  undergoing  imprisonment 

As  to  claims  for  renewal  and  restoration 

As  to  claims  for  share  of  pension  of  inmates  of  the  Government  Hospital  for 

the  Insane 

As  to  copies  or  originals  of  papers 

As  to  declarations  and  evidence . 

As  to  division  of  pension.    Act  March  3,  1899 . 

As  to  evidence  required  In  invalid  claims 

As  to  Navy  service  pensions 

As  to  pensions  to  Army  nurses 

As  to  pensions  to  dependent  relatives i 

As  to  pensions  to  helpless  children 

As  to  pensions  to  invalids  since  March  4,  1861 

As  to  pensions  to  minors  since  March  4,  1861 

As  to  pensions  to  survivors  of  wars  prior  to  March  4,  1861,  and  their  widows.       1 

As  to  pensions  to  widows  since  March  4,  1861 1 

As  to  witnesses  and  testimony 2 

Reimbursement  : 

Attorney  fee  in  claim  for.     Table  of  attorney  fees ^ 

Claims  for,   under  jurisdiction  of  Commissioner  of  Pensions.     Act  March  4, 

1909 1 

Not  paid  to  State,  county,  or  municipal  corporations.     Act  March  3,  1905 1 

Of  expenses  of  last  sickness  and  burial,  when  and  to  whom  made.     Act  March 

2,  1895 1 

Reimbursement  claims  : 

Regulation  and  instructions  relative  to 2 

Rejected,  suspended,  or  dismissed  claims,  under  act  June  27,  1890 : 

Commencement  in.     Act  March  6,  1896 

Rbmarriage  : 

Bar  to  pension  Imposed  by  act  March  3,  1865,  against  certain  widows,  removed. 

Act  February  28,   1903    (sec.   2) '. 

Death  or  divorce  of  second  husband,  effect  on  widow's  title  to  restoration — 

Act  March  3,   1901 

Act   February   28,    1903 

Of  widow  casts  title  on  minor  children.     Section  4726,  Revised  Statutes 

Of  widow  casts  title  on  minors  ;  Mexican  War  claims.     Section  4731,  Revised 

Statutes 

Of  widow,  dependent  mother  or  sister  not  a  bar  to  pension  to  date  of — 

Section   4708,   Revised   Statutes 

Act  March  3,  1901  (sec.  1) 70, 

Act  February  28,  1903   (sec.  1) 

Of  widow  terminates  pension — 

Section  4702,  Revised  Statutes 

Section  4726,    Revised   Statutes 

Act  March  9,  1878  (sec.  2) 

Terminates  right  to  pension  of  widow,  dependent  mother  or  sister — 

Section  4708,  Revised  Statutes 

Act  March  3,  1901    (sec.  1) 70, 

Act  February  28,  1903   (sec.  1) 

Rbmuster  : 

Rate  of  pension  in  case  of.     Act  February  24,  1897 

Renewal  and  restoration  op  pension  : 

Claim  for,  regulations  and  instructions  relative  to 

Renewal  op  pension  : 

Of  widow,  on  renewed  widowhood- — 

Act  March  3,   1901 

Act  February  28,  1903 


INDEX.  253 

RuPORTS :  Page. 

False,  penalty  for  making.      Act  March  4,  1911 160 

Of  examining  surgeons  to  be  open  to  inspection.      Act  July  18,  1894 111 

Of  special  examiners  to  be  open  to  inspection  and  copy.      Act  May  28,  1908 —  5 

Restoration  : 

Attorney  fee  in  claims  for.      Act  July  4,  1884   (sec.  4) 87 

See  also  Table  of  attorney  fees 92 

Of  pensionable  rights  upon  removal  of   charge  of  desertion.      Act  March  2, 

1889   (sec.  8) ' 144 

Of  pension  to  persons  whose  claims  accrued  prior  to  March  4,  1861 — 

Act  March  9,   1878 18 

Act   June  9,    1880 17 

Regulations  and  instructions  as  to  claims  for 195 

Right  to,  extended  to  widows  on  renewed  widowhood  where  barred  under  act 

March  3,  1865,  by  reason  of  remarriage.      Act  February  28,  1903  (sec.  2)_  73 

To  duty  following  desertion,  effect  on  pensionable  status.      Act  March  2,  1889 

(sec.    4) '    142 

To  pension  roll.      Section  4719,  Revised  Statutes 131 

To  rolls,  means  of  support  a  factor  in  determining  widow's  title  to — 

Act  March  3,  1901  (sec.  1) 70,71 

Act  February  28,  1903   (sec.  1) 72 

To  rolls,  on  renewed  widowhood,  conditions  of — 

Act  March  3,   1901   (sec,  1) 70,71 

Act  February  28,  1903  (sec.  1) 72 

To  rolls,  widow  not  entitled  to,  where  pension  has  accrued  to  minor  or  helpless 
child,  unless — 

Act  March  3,  1901   (sec,  1) 70,71 

Act  February  28,   1903    (sec.   1) 72 

Retention  of  discharge  papers,  etc.  : 

Agent  or  attorney;  penalty.      Act  May  21,  1872 172 

Retired  list  (Army,  Navy,  Marine  Corps,  or  Revende-Cdtter  Service)  : 
Persons  on,  not  entitled  to  pension — 

Act  August  29,   1890    (sec.   2) 136 

Act  March  3,  1891 137 

Act  May  27,   1908 137 

Revenue  cutters  : 

Officers   and   seamen   of,   entitled   to   pension   when.       Section   4741,    Revised 

Statutes 1 33 

To  cooperate  with  Navy,  when.      Section  2757,  Revised  Statutes 33 

Revenue-Cutter  Service  : 

Pensions  not  allowed  to  persons  in.      Act  May  27,  1908 137 

Revised  Statutes^  sections  of: 

Serial    index IV 

Revolutionary  War  : 

Chapter    II 13 

(See  also  Pensions,  Revolutionary  War.) 
Robbery  : 

Of  property  of  the  United  States.      Section  46,  Criminal  Code 179 

Rules  and  regulations  : 

Secretary  of  the  Interior  may  prescribe,  governing  the  recognition  of  attorneys. 

Act  July  4,   1884    (sec.  5) 89 

Rules  of  practice  : 

Governing  attorneys,  before  the  Bureau  of  Pensions 94 

In  pension  and  bounty-land  appeals 103 

Rural  delivery  carriers  : 

Authorized  to  administer  oaths  in  execution  of  pension  vouchers.      Act  June 

25,   1910    (sec.   2) 117 

Fee  allowed  for  administering  oaths  in  execution  of  pension  vouchers.      Act 

June    25,    1910    (sec,    2) 117 

S. 
Bailor  or  other  person  (not  regularly  mustered)  : 

Serving  on  gunboat  or  war  vessel,  entitled  for  disability.     Section  4693,  Re- 
vised Statutes . 32 

St.  Elizabeth  Hospital  for  the  Insane  : 

(See  Government   Hospital  for  the  Insane.) 
Salary : 

Of  officers  and  employees  of  the  Bureau  of  Pensions.     Act  March  4,  1911 9 

Of  pension  agents.     Act  March  3,  1885 114 


254  INDEX. 

Seal  :  Page. 

Signature  of  executing  officer  proved  by,  in  prosecution  for  perjury.     Section 

1750,  Revised  Statutes 163,164 

Seamen  : 

Of  Navy,  disabled  prior  to  March  4,  1861,  title  to  pension.  Section  4728,  Re- 
vised Statutes . , 15 

Of  revenue   cutters,   disabled  while  cooperating  with   Navy,   title  to  pension. 

Section  4741,  Revised  Statutes 33 

Sbcbetaky  of  the  Interior  : 

Authorized  to  appoint  medical  referee.     Section  4776,  Revised  Statutes 109 

Authorized  to  appoint  qualified  surgeops,   not  exceeding  four.     Section  4776, 

Revised  Statutes 109 

Clerk  hire  in  pension  agencies  subject  to  approval  of.     Act  March  3,  1911 115 

Commissioner  of  Pensions  to  be  under  the  direction  of.     Section  471,  Revised 

Statutes 2 

Duties  of,  in  relation  to  pensions.     Section  441,  Revised  Statutes 1 

May  order  insane  person  accused  of  crime  confined  in  Government  Hospital  for 

the  Insane.     Section  4851,  Revised  Statutes 156 

May  prescribe  rules  for  inspection  and  <?opy  of  special  examiners'  reports.     Act 

May  28,  1908_ t 

May  prescribe  rules  governing  recognition  of  agents  and  attorneys.     Act  July 

4,  1884   (sec.  5) 8? 

May  suspend  or  disbar  agent  or  attorney,  when.     Act  July  4,  1884  (sec.  5) Si 

On  application  of  the  Attorney  General,  to  transfer  certain  Insane  persons  to 

Government  Hospital  for  the  Insane.     Act  August  7,  1882 15' 

Required  to  furnish  blanks  for  vouchers.     Section  4767,  Revised  Statutes IK 

Required  to  place  on  pension  list  wounded  or  disabled  privateersmen.     Section 

4761,  Revised  Statutes 7f 

Rules  of  practice  before,  in  appeal  cases 10.' 

Shall  allow  necessary  expenses  of  officer  filling  temporarily  vacancy  in  pension 

agency.     Act  March  8,  1878 ^ 11- 

Suits  against  Government  officers  not  to  abate  on  their  retirement,  etc.  Act 
February   8,    1899 15 

To  accept  suitable  rooms  in  public  buildings  for  pension  agencies.     Act  June 

30,  1890 11 

To  detail  clerks  from  his  department  to  the  pension  committees  of  the  House 
of  Representatives.     Joint  resolution  Februai-y  1.  1884 13 

To  furnish  franked  envelopes  for  the  return  of  pension  vouchers  free.  Act 
March  4,  1909 11 

To  group  pension  agencies.     Act  March  3,  1891 11 

To  make  report  to  Congress  of  meritorious  claims  not  provided  for  by  law. 

Resolution  May  29,  1830 13  ■ 

To  pay  expenses  of  inspection  of  pension  agencies  and  boards  of  examining 

surgeons  by  Commissioner  of  Pensions.     Act  August  8,  1882 4, 11  ► 

To  pay  expenses  of  securing  and  preparing  testimony  in  disbarment  proceed- 
ings.    Act  March  4,  1911 ^  ► 

To  place  on  pension  list  wounded  or  disabled  privateersmen,  on  certification  of 

Secretary  of  Navy.     Section  4761,  Revised  Statutes "i  ^ 

To  prescribe  duties  of  Deputy  Commissioner  of  Pensions.  Section  472,  Re- 
vised Statutes J 

To  strike  name  from  rolls  when  pension  secured  by  fraud  or  through  mistake — 

Act  March  9,  1878  (sec.  3) :  > 

Act  January  29,  1887  (sec.  3) i  > 

Act  July  27,  1892   (sec.  3) '  I 

Secretary  of  the  Navy  : 

Applications  for  20  and  10  years'  service  pension  to  be  filed  with.     Sections 

4756  and  4757,  Revised  Statutes 76,'  7 

Authorized  to  convene  a  board  to  examine  into  condition  of  applicant  for  aid 
out  of  Navy  pension  fund,  and  to  approve  recommendations.  Section  4757, 
Revised    Statutes 7 

To  certify  to  Commissioner  of  Pensions  the  names  of  those  entitled  to  pay 

from  Navy  pension  fund.     Sections  4756  and  4757,  Revised  Statutes 76,    7 

To  decide   claims  for  pension  to  be  paid  out  of  the  privateer  pension  fund. 

Sections  4761   and  4763,   Revised   Statutes 8 

To  invest  Navy  pension  fund,  how.     Section  4753,  Revised  Statutes 6 

To  issue  certificate  of  discharge,  etc.,  in  true  name  of  person  serving;  restric- 
tion.    Act  June  25,   1910    (sec.   1) 1   S 


INDEX.  255 

Secretary  of  the  Navy — Continued.  Page, 

To  issue  certificates  of  discharge  in  certain  cases — 

Act  August   14,   1888    (sec.   4) 140 

Act    May    24,    1900 -_ 141 

Trustee  of  Navy  pension  fund.     Section  4750,  Revised  Statutes 75 

Trustee  of  privateer  pension  fund.     Section  4758,  Revised  Statutes 77 

Secretary  of  the  Treasury  : 

May    autliorize    issue    of    duplicate    checlis,    wlien.      Act    Febi'uary    23,    1909, 

amending  section   3646,   Revised   Statutes 117,  118 

To  set  apart  rooms  in  public  buildings  for  pension  agencies.     Act  March  1, 

1889 1 115 

Secretary  of  War  : 

Authorized    to    issue   duplicate   certificate   of   discharge,   when.      Section    224, 

Revised     Statutes 137 

To  furnish  discharge  certificates  to  members  of  Missouri  Home  Guards.     Act 

May    15,    1886 138 

To  issue  certificates  of  discharge,  etc.,  in  true  name  of  person  serving ;  restric- 
tion.    Act  June   25,   1910    (sec.   1) 138 

To   remove    charge   of   desertion    in   cases   of   certain   Regular   and   Volunteer 

soldiers.     Act  March  2,  1889 141 

Seizure,  attachment,  or  levy: 

Pension  not  liable  to.     Section  4747,  Revised  Statutes 131 

Service  : 

Bounty-land  warrant,  prima  facie  evidence  of — 

Act  March  9,  1878   (sec.  3) ^ 19 

Act  January  29,  1887   (sec.  3) 25 

Effect  of  honorable  discharge  from,  on  prior  contracts  of  service  not  honor- 
ably terminated.       Joint  resolutions  July  1.  1902  (sec.  2).  and  June  28,  ]906_-        346 
Laws  wherein  length  of,  is  made  an  element  of  title — 
As  to  Civil  War — 

Act  June  27,  1890   (sees.  2  and  3)____ 45,46,64 

Act    August    5,    1892 1 41 

Act  May  9,   1900 47,64 

Act   February   6,    1907 27,49 

Act  April  19,  1908   (sec.  2) 65 

As  to  Indian  wars — 

Act   July    27,    1892 20 

Act  June  27,   1902 22 

Act  May  30,  1908 23 

As  to  Navy  service  pension.     Sections  4756  and  4757,  Revised  Statutes —  76,  77 

As  to  Revolutionary  War.     Act  March  9,  1878  (sec.  6) 20 

As  to  War  of  1812.     Act  March  9,  1878  (sec.  1) 18 

As  to  War  with  Mexico — 

Act   January   29,    1887 24 

Act   February   6,    1907 27,49 

On  active  or  retired  list  bars  right  to  pension.     Acts  Avjgust  29,  1890,  March 

3,   1891,   and  May   27,   1908 136,137 

Pay  and  pension  not  allowable,  unless.     Section  4724,  Revised  Statutes 136 

Termination   of.      Section  4701,   Revised   Statutes 145 

Sick  le.we  and  sick  furlough  : 

Those    on,    how    regarded    for    pensionable    purposes.      Section    4700,    Revised 

Statutes 42 

Sisters : 

Pensionable  status  of.     Section  4707,  Revised  Statutes _ —  67 

Regulations  and  instructions  relative  to  claims  of 194 

Slaves   (colored  soldiers) : 

Pensionable  status  of.     Section  4723,  Revised  Statutes 34 

Soldiers'  Home,  Washington,  D.  C.  : 

Accrued  pension  due  deceased  inmates  of,  how  disbursed.     Act  March  3,  1883_        122 

Pensioned  inmates  may  allot  pensions.     Act  March  3,  1883 122 

I'onsions  of  inmat(^s,  iiow  disbursed.     Act  March  3.  1883 122 

Pensions  of  inmates  payable  to  treasurer.     Act  March  3,  1883 122 

Rights    of    pensioners    and    surrender    of    pensions.     Section    4820,    Revised 

Statutes J 1 121 

Soundness : 

At  enlistment  presumed.     Act  March  3,  1885 60 

73814°— 13 18 


256  INDEX. 

Spanish  War  :  Page. 

Date  of  marriage  does  not  affect  title  of  widows  based  on  service  in.     Act 

March  3,  1899 66,  121 

Volunteers  in,  status  of.     Act  April  22.  1808  (sec.  12) 14*; 

Special  acts  : 

Additional  pension  granted  by,  on  account  of  helpless  child,  not  to  affect  rate 

to  which  widow  may  be  entitled  in  her  own  right.     Act  March  4,  1909 13' 

Attorney's  fee.     Acts  of  March  3,  1891.  and  May  28.  1908 89,90, 174,  111 

Pensions  under,  equalized.     Act  June  6,  1874 13^ 

Pensions  under,  not  to  be  in  addition  to  those  allowed  under  general  laws, 

except.     Act  July  25,  1882   (sec.  5) 13- 

Pensions  under,  subject  to  provisions  of  general  pension  laws,  unless.     Section 

4720,  Revised  Statutes 13- 

Rate,  commencement  and  duration  of  pension  granted  by.  Section  4720,  Re- 
vised Statutes 13- 

Suspension  of  pension  in  case  of  fraud.     Section  4720,  Revised  Statutes 13 

Special  examinations  : 

Commissioner  of  Pensions  may  apply  for  subpoena  for  witnesses  in.     Section 

184,  Revised  Statutes,  and  act  July  25,  1882 

Compensation  for  witnesses  subpoenaed  in.     Section  185,  Revised  Statutes,  and 

Act  July  25,  1882 

Witnesses  under  subpoena  who  fail  to  appear  or  refuse  to  testify,  may  be  com- 
pelled to  appear  or  punished  for  disobedience  by  the  court  issuing  the  proc- 
ess.    Section  186,  Revised  Statutes 

Special  examiners  : 

Appointment  of.     Section  4744,  Revised  Statutes,  as  amended  by  act  of  July 

25,    1882 

May  administer  oaths.     Sections  183,  474,  and  4744,  Revised  Statutes,     Acts 

March  3,  1891,  and  February  13,  1911 

May  be  reappointed  if  qualified.     Act  March  4,  1911 

Per  diem  allowance.     Act  March  4,  1911 

Reports  of,  to  be  open  to  inspection,  etc.     Act  May  28,  1908 

Shall  not  be  employed  in  State  from  which  appointed.     Act  March  4,  1911 

Special  medical  examinations  : 

Commissioner  of  Pensions  may  order.     Section  4775,  Revised  Statutes 

State  agents  or  commissioners  : 

Not  entitled  to  attorney's  fee,  in  pension  claims 

State,  county,  or  municipal  corporations  : 

Not  entitled  to  reimbursement  for  expenses  of  last  sickness,  etc.,  of  deceased 

pensioner.     Act  March  3,    1895 

State  op  Territorial  homes  : 

Maintaining  bar  or  canteen,  no  aid  to  be  extended  to.     Act  March  4,  1911 

Sums  collected   from   inmates  to  be   deduced   from   Federal  aid,   except.     Act 

March  4,  1911 

;Statb  soldiers'  homes  : 

One-half  pension  of  inmates  payable  to  wife,   minor  children  or  permanently 

helpless  and  dependent  child,  when.     Act  March  3.  1899 

Pensions  of  inmates  to  be  paid  to  them  directly.     Act  May  28,  1908 

Statute  of  limitations  : 

When  operative.     Section  1044,  Revised  Statutes 

When  statute  does  not  run.     Section  1045,  Revised  Statutes 

Steamer  Ashuelot  : 

Commencement  of  pension   in  claims  arising  out  of  wreck  of.     Act  January 

29,    1887 

Steamer  Jeannette  : 

Commencement  of  pension  arising  out  of  wreck  of.     Act  January  3,  1887 < 

Steamer  Maine  : 

Commencement  of  pension  arising  out  of  wreck  of.     Act  March  30,  1898 

Stenographer  : 

May   be   employed  by   special   examiner  on   authorization  of  Commissioner  of 

Pensions.     Act  July  25,  1882 

Subornation  of  perjury  : 

Defined;  penalty  for.     Section  126,  Criminal  Code 1 

Indictment  for,  form  of.     Section-  5397,  Revised  Statutes 1 

Subpoena  : 

Commissioner  of  Pensions  may  apply  for  issue  of.     Act  July  25,  1882 

Head  of  department  or  bureau  may  apply  for  issue  of.  Section  184,  Revised 
Statutes  


INDEX.  257 

Suits  :  Page. 

Against  Government  oflScers,  how  revived.     Act  February  8,  1899 156 

Against    Government    oflBcers    not    to    abate    on    their    retirement,    etc.      Act 

February    8,    1899 156 

For    forfeiture   and    damages   for   making   false    claim,   jurisdiction    of.      Sec- 
tion 3491,  Revised   Statutes 158 

For  recoveries,  where  brought.     Section  43,  Judicial  Code 155 

Slterintexdent  : 

Of  Government  Hospital  for  the  Insane,  pensions  of  inmates  to  be  paid  to — 

Act  February  20,  1905 127 

Act   February   2,    1909 128 

Support.      (See  Means  of  support.) 

Supreme  Court  of  the  District  of  Columbia  : 

Given  jurisdiction  of  suits  for  forfeiture  and  damages  for  making  false  claims. 

Section   3491,   Revised   Statutes 158 

Surgeon  : 

Acting  assistant  or   contract,    pensionable   status  of.     Section   4693,   Revised 

Statutes 33 

Appointment  and  organization  of  boards.     Act  July  25,  1882  (sec.  4) IIQ 

Board   of  examining,    certificate   of.   subject   to   approval   of   Commissioner  of 

Pensions.     Section  4698J,  Revised  Statutes 5T 

Certificate  of  examining  surgeon  to  contain  full  description  of  physical  con- 
dition of  claimant.     Act  July  25,  1882   (sec.  4) 110,111 

Civil,   for   examining  pension   claimants,   designation   of ;   fee.      Section   4777, 

Revised  Statutes 109 

Commissioner  of  Pensions  may  Inspect  boards  of.     Act  August  8,  1882 4 

Commissioner  of   Pensions  may   select  board   of,   for   appeal   cases.      Section 

4775,  Revised  Statutes 110 

Examination     by,    at    claimant's    home,    when    made.     Act    July    25,     1882 

(sec.  4) 110,  111 

Expert,  Commissioner  of  Pensions  may  employ  ;  fee.     Act  July  25,  1882 110,  111 

Fee  for  examination.     Act  July  25,   1882    (sec.  4) 110,111 

Fee  for  examination  in  foreign  country.     Act  July  25,  1882   (sec,  4) 110,111 

Fee  for  special  medical  examinations.     Sec.  4775,  Revised  Statutes 110 

Increase  of  fee  to.     Act  May  28,  1908 112 

Number  of  applicants  to  be  examined  each  day.     Act  May  28,  1908 112 

No  fee  paid  member  of  board  not  participating.     Acts  July  25,  1882  (sec.  4), 

and  May  28,   1908 110,111 

Qualified,  appointment,  and  duties  of.     Section  4776,  Revised  Statutes 109 

Regularly   appointed,   not   to   receive  fee   as  an  expert.     Act   July   25,    1882 

(sec.  4) . 110,  111 

Report  of,  to  be  open  to  inspection.     Act  July  18,  1894 111 

Report  of,  to  specifically  state  rating.     Act  May  28,  1908 112 

Special  board  of  review,  organization  of.     Act  July  25,  1882  (sec.  4) 110,  111 

Traveling  expenses  allowed,  when.     Act  May  28,  1908 112 

Surgeon-General,   United    States   Army  : 

Application  for  artificial  limbs  and  mechanical  appliances  to  be  made  to 205 

Suspension  of  pension  : 

For  fraud  in  obtaining  pension  by  special  act.     Section  4720,  Revised  Statutes.       134 

In  claims  for  one-half  pensiou.     Act  March  3,  1899 120 

Regulations  and  instructions  relative  to 197 

Thirty  days'  notice  requisite  before  taking  final  action.    Act  December  21,  1893_       137 

T. 

Table  of  attorney  fees 92 

Tables  of  rates  : 

Table  1.     For  simple  total  (a  disability  equivalent  to  the  anchylosis  of  a  wrist) 

provided  by  section  4695,  Revised  Statutes 148 

Table  2.     Permanent  specific  disabilities 149 

Table  3.     Rates  fixed  by  Commissioner  of  Pensions  for  certain  disabilities  not 

specified  by  law 150 

Table  4.     Miscellaneous  rates ; 151 

Termination  of  pension  : 

Minor's  terminates  on  attaining  age  of  16.     Section  4702,  Revised  Statutes 61 

Open  and  notorious  adulterous  cohabitation  of  widow  results  in.     Act  August  7, 

1882   (sec.  2) __ 62 


258  iis^DEX. 

Tp:rminatiox  or  pexsiox — Continued.  Page. 

Remarriage  of  widow,  dependent  mother  or  sister  results  in.     Section  4708,  Re- 
vised  Statutes 70 

(See  also  Dropping  from  pension  roll.) 
Termination  of  service  : 

For  pensionable  purposes;  date  of.     Section  4701,  Revised  Statutes 143 

Territorial  homes.      (See  Homes  for  disabled  soldiers  and  sailors.) 
Testimony  : 

Witnesses,  regulations  and  Instructions  relative  to 

Total  disability  : 

Rate  for.     Section  4695,  Revised  Statutes 

Total  helplessness : 

Invalid  claims.     Tables  of  rates.  No.  2 = 

Traveling  expenses  : 

Of  certain  oflBcers  and  clerks  to  be  reported  annually  by  heads  of  departments 
to  Congress.     Act  May  22,   1908 

Of  surgeon,  when  allowed.     Act  May  28,  1908 

Treasurer : 

Of  Soldiers'  Home,  Washington,  D.  C.  pensions  of  inmates  of,  payable  to.    Act 
March  3,   1883 

Of  National  Home,  D.  V.  S..  pensions  of  inmates  paid  to.     Acts  February  26, 

1881,  and  August  7,  1882 

Trusses : 

Applications  for,  to  be  made  to  Surgeon-General,  United  States  Army 

i:. 

Unclaimed  pensions  :  * 

After  three  years,  name  of  pensioner  stricken  from  rolls  ;  restoration.     Section 
4719,  Revised  Statutes 

Regulations  and  instructions  relative  to 

Undercooks  : 

Two,  of  African  descent  may  be  enlisted   for  each  cook.     Act  March  3,   1863 
(sec.   10) 

United  States  : 

Not  required  to  give  bond  on  appeal.     Act  June  9,  1910 

United  States  auxiliary  naval  force  : 

Organization  of.     Joint  resolution  May  26,  1898 

United  States  commissioner  : 

Authorized    to   administer   oaths   and   take    acknowledgments.      Section    1778, 
Revised    Statutes { 

Required  to  have  an  official  seal.     Act  June  28,  1906 J 

United  States  officer  : 

Accepting  bribe  ;  penalty.     Section  117,  Criminal  Code 1( 

Bribery  of;  penalty.     Section  39.  Criminal  Code 1( 

Extortion  by.     Section  85,  Criminal  Code If 

False  personation  of;  penalty.     Section  32.  Criminal  Code 1' 

Interested  in  claims  against  the  United  States  ;  penalty.     Section  109,  Criminal 
Code 1( 

Taking  compensation  in  matters  to  which  the  United  States  are  parties  ;  pen- 
alty.    Section  113,  Criminal  Code 1( 

To  administer  oaths   in   execution   of  pension   vouchers   free  of   charge.     Act 
March   1,   1889 1. 

(See  also  Officers.) 
United  States  securities  : 

Penalty  for  forging.      Section  148,  Criminal  Code 1< 

Unlawfully  taking  : 

Or  carrying  away  papers.      Section  40,  Criminal  Code 1' 

V.  S.  S.  Maine  ; 

Commencementofpensionarisingout  of  destruction  of.     Act  May  30,  1898  (sec.  4)_ 
Uttering  or  publishing  : 

Forged  papei-s,  penalty  for.      Sections  28.  29,  Criminal  Code 1 

V. 

Vacancies  : 

In  subordinate  offices,  how  filled.     Section  178,  Revised  Statutes 

President  may  designate  officer  to  discharge  temporarily  the  duties  of  head  A 
of  Executive  Department  when  latter  has  died,  resigned,  is  absent,  or  sick.  ■ 
Section  179,  Revised  Statutes 


INDEX.  259 

'"ESTED   RIGHT   IN    PENSION  :  Page. 

Extent  of.     Act  December  21.  180.1 137 

''eteran  furlough  : 

Line  of  duty.     Section  4700 42 

''ICIOUS    HABITS  : 

Effect  of,  on  pensionable  riglits — 

Act  June  27,  1890   (sec.  2) 45 

Act  May  9,   1900 47 

""OLUNTARX    SERVICES  : 

Acceptance  of  ;  penalty.     Act  February  27,  1906 176 

VOLUNTEERS : 

On  same  footing  as  regulars  in  respect  to  pensions — 

Act  April  22,   1898 147 

See  also  Cliapters  II  and  III 13,31 

''OUCHERS  : 

Blanlcs  for,   to  be(  furnislied  by  Secretary  of  tlie  Interior.     Section  4767,  Re- 
vised   Statutes 116 

For  pension,  may  be  executed  before  fourth-class  postmasters.     Act  August  23, 

1994 117 

For   pension,   may  be  executed  before   rural   delivery   carriers.     Act  June   25, 

1910    (sec.    2)__' 117 

For  pension,  may  be  executed  before  United  States  officers  free  of  charge.     Act 

March  1,   1889 117 

For  pension,  to  be  executed  on  or  after  the  fourth  day  of  the  month  in  which 

payable.     Section  4764,  Revised  Statutes 110 

May  be  executed  before  whom — 

Act  March  1,   1889 117 

Act  July  1,  1890 r 81 

Act  August   23,    1894 117 

Act  June  25,  1910  (sec.  2)_- 117 

Pension  agents  to  send,  to  each  pensioner  quarterly.     Section  4764,   Revised 

Statutes 116 

Postdating;   penalty.     Act   July  7,   1S98 _ 159 

W. 

Var  OF  1812 : 

False  oath  in  claims  deemed  perjury.     Act  March  9,  1878  (sec.  3) 18,  164 

Service  pension — 

Regulations  relative  to 183 

Chapter  II 13 

(See  also.  Pensions,  War  of  1812.) 
Nar  of  the  Rebellion  : 

Desertion   from  service   in,   certain   sailors  and  soldiers   relieved   from   charge 

of.     Acts  August  14,  1888.  and  March  2.  1889 139,  141 

How   effected   by   honorable  discharge    from   later  contract  of  service.     Joint 

resolution  July  1,  1902  (sec.  2),  and  act  June  28,  1906 146 

Disloyalty — 

A  bar  to  pension.     Section  4716.  Revised  Statutes 135 

Bar  removed  in  certain  cases — 

Act  August    1,    1892 135 

.Joint  resolution  July  1,  1902   (sec.  1) J36 

See  also  Note  to  Section  4716,  Revised  Statutes 135 

Officers   to   take   rank   from   date   of   appointment,    when.      Act    February    24. 

1897 44 

I'ensions  granted  for  disability  of  service  origin — 

Dependent  relatives.     Section  4707,  Revised  Statutes 67 

Invalids.     Section  4692,  Revised  Statutes 32 

Widows    and    minors.     Section    4702,    Revised    Statutes,    as    amended    by 

act  August  7.  1882 61 

Pensions  granted  on  account  of  service   for  a  certain  time  in,  or  where  the 
length  of  service  in,  is  a  basic  element  of  title — 

Act  June  27,  1890  (sees.  2  and  3) 45,64 

Act  August   5,   1892 1 41 

Act  May  9,  1900 47,64 

Act   February   6,    1907 27,49 

Act  April  19,   1908    (sec.   2) 65 

Regulations  and  instructions  relative  to  claims  based  on  service  in 186, 195 


260  INDEX. 

War  of  Revolution  :  Page. 

Widows'  service  pension,  instructions  relative  to 183 

War  Vessels  : 

Persons  serving  on,  not  regularly  mustered,  status  of.     Section  4693,  Revised 

Statutes 32 

War  with  Mexico  : 

Chapter   II 13 

(See  also  Pensions,  War  with  Mexico.) 
War  with  Spain  : 

Date  of  marriage  does  not  affect  title  of  widows  based  on  service   in.     Act 

March  3,  1899 66 

Volunteers  in,  status  of.     Act  April  22,  1898   (sec.  12) 147 

West,  Department  of  : 

OflScers  and  men,  entitled  to  pension,  when.     Act  March  25,  1862  (sec.  2) 38 

Widows  : 

Payment    of    pension    to,    conditions    as    to    date    of    marriage.      Act   March 

3,   1899 120, 121 

Remarriage  terminates  pension — 

Section   4708,   Revised   Statutes 70 

Act  March  9,  1878   (sec.  2) 19 

Widows'  pensions  : 

Regulations  and  instructions  relative  to 190 

Chapters  II  and  IV 13,61 

(See  also  Pensions,  widows.) 
Wife  : 

Claim  for  pension  of  imprisoned  husband.     Regulations  and  instructions  rela- 
tive  to 202 

Claim  of,  for  pension  of  insane  husband  not  under  guardianship,  regulations 

and  instructions  relative  to 202 

Husband  insane  or  imprisoned,  pension  may  be  paid  to,  when.     Act  August 

8,  1882,  amending  section  4766,  Revised  Statutes 119 

One-half  pension  payable  to,  when.     Act  March  3,  1899 120 

Regulations  and  instructions  relative  to  claims  by,  for  one-half  pension 196 

Withholding  of  pension  : 

By  agent  or  attorney  ;  penalty — 

Section  5485,   Revised   Statutes 172 

Act  July  4,  1884   (sec.  4) 173 

Act  June  27,  1890    (sec.  4) 173 

Act  April  19,  1908  (sec.  3) 174 

Not  without  30  days'  notice.     Act  December  21,  1893 137 

Prohibited,  when.     Section  4734,  Revised  Statutes 137 

Witnesses  : 

Accepting  bribe ;  penalty.     Section  134,  Criminal  Code 170 

Commissioner  of  Pensions  may  secure  subpoena  for.     Act  July  25,  1882 5 

Compensation  of.      Section   185,  Revised  Statutes 6 

Head  of  department  or  bureau  may  subpoena.     Section  184,  Revised  Statutes.  5 

Immunity  of,  etc.,  statute  granting,  repealed.     Act  May  7,  1910 156 

May  be  compelled  to  testify  ;  process.     Section  186,  Revised  Statutes 6 

Witnesses  and  testimony  : 

Regulations  and  instructions  relating  to 203 


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